BEFORE THE INDUSTRIAL RELATIONS COMMISSION
Vol. 333 Part 2 10 May 2002 Pages 317 – 526
[pic]NEW SOUTH WALES
INDUSTRIAL GAZETTE
Printed by the authority of the
Industrial Registrar
50 Phillip Street, Sydney, N.S.W.
ISSN 0028-677X
CONTENTS
Vol. 333, Part 2 10 May 2002
Pages 317 - 526
Page
Awards and Determinations —
Awards Made or Varied —
|BHP Steel (AIS) Pty Ltd - Port Kembla Steel Works Employees Award 2000 | | |
| |(VIRC) |511 |
|Clerical and Administrative Employees in Temporary Employment Services (State) | | |
| |(VIRC) |499 |
|Club Employees (State) |(VIRC) |504 |
|Com 10 Pty Ltd Enterprise Award 1998 |(RIRC) |380 |
|Continental Carbon Australia Pty Limited Maintenance and Production Enterprise Award 1999 | | |
| |(RIRC) |441 |
|CSR Limited Trading as the Readymix Group Newcastle Transport (State) Award 2000 | | |
| |(AIRC) |484 |
|CSR Ltd Trading as the Readymix Group Taree Transport Enterprise Bargaining Framework | | |
|(State) Award 2001 |(AIRC) |491 |
|Electrical, Electronic and Communications Contracting Industry (State) |(VIRC) |507 |
|Electricians, &c. (State) |(VIRC) |506 |
|Health and Community Employees Psychologists (State) |(AIRC) |374 |
|Health and Professional and Medical Salaries (State) |(VIRC) |518 |
|Hotel Employees (State) |(RIRC) |317 |
|Hotel Employees (State) |(VIRC) |501 |
|John Lysaght (Australia) Limited - Port Kembla General |(VIRC) |515 |
|Milk Treatment, &c., and Distribution (State) |(VIRC) |508 |
|Newcastle Port Corporation and AIMPE Award 2001 |(RIRC) |471 |
|Peabody Resources Limited Site Consent Award 2000 |(RIRC) |416 |
|Social and Community Services Employees (State) |(AIRC) |344 |
|Erratum to Contents Page for the Industrial Gazette published 12 April 2002 | | |
| |(ERR) |520 |
| | | |
|Enterprise Agreements Approved by the Industrial Relations Commission | |521 |
|(384) |SERIAL C1068 |
HOTEL EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Review of Awards pursuant to Section 19 of the Industrial Relations Act 1996 and other matters.
(Nos. IRC 663, 3747 and 3750 of 1999 and 5063 and 5338 of 2001)
|Before The Honourable Justice Wright, President |20 August and 11 December 2001 |
|The Honourable Justice Walton, Vice-President | |
|Mr Deputy President Sams | |
|Commissioner O'Neill | |
| | |
|Mr Deputy President Sams |30 August 2001 |
REVIEWED AWARD
PART A
ARRANGEMENT
Clause No. Subject Matter
1. Definitions
2. Hours of Work
2A. Implementation of 38 Hour Week
3. Time Off
4. Rosters
4A. Rosters - Apprentices
5. Rates of Pay
6. Arbitrated Safety Net Adjustment
6A. Rates of Pay - Apprentices
7. Casual Work
8. Board and Lodging
9. Juniors
10. Apprentices
11. Travelling Facilities
12. Higher or Lower Grade Work
13. Time and Wages Sheet
14. Payment of Wages
15. Public Holidays
16. Annual Leave
17. Long Service Leave
18. Sick Leave
18A. State Personal/Carer's Leave
19. Bereavement Leave
20. Overtime and Penalty Rates
21. Termination of Service
22. Union Officials
22A. Shop Facilities - Apprentices
22B. Disputes - Apprentices
23. First-aid Outfit
24. Posting of Award
25. Special Clothing
26. Uniform, Tools and Gear
27. Dressing Rooms, Showers, &c.
28. Breakages
29. General Conditions
29A. Disputes and Industrial Grievance Procedure
30. Meal Money
31. Anti-Discrimination
32. Redundancy
33. Basis of Award and Leave Reserved
34. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
1. Definitions
(a) "Bar Attendant" shall mean any person usually employed for more than two hours in any one or night in supplying or dispensing or mixing of liquor in any portion of the licensed premises including sale of liquor from the bottle department.
(b) "Cellarperson" shall mean in a hotel any person, employed in charge of, or responsible for the contents of a cellar or liquor store.
(c) "Assistant Cellarperson" shall mean in an hotel any employee who is substantially engaged as an assistant to the cellarperson.
(d) "Spread of hours" means the period of time elapsing from the time an employee commences duty to the time the employee ceases duty within any period of twenty-four hours.
(e) "Union" for the purpose of this award shall mean the Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch.
(f) "Double time" shall mean double the ordinary hourly rate prescribed for a weekly employee.
(g) "Cleaner" shall mean an employee who does general cleaning in bars or public areas.
(h) "Snack Bar Attendant" means an employee serving and/or receiving money from the public for such snacks or meals in or adjacent to a bar in a hotel.
(i) "First Cook" shall be a Qualified Cook (as defined by this clause), who is the Senior Cook permanently employed in charge of a kitchen where other cooks are employed at the same time.
(j) "Qualified Cook" shall mean a cook who has successfully completed and can produce appropriate documentary evidence to their employer to the effect that they have successfully completed an apprenticeship in cooking at an approved or recognised school or college or who has passed an appropriate trade test in cooking at a recognised school or college acceptable to the employer.
(k) "Breakfast Cook" shall mean a cook (other than a First Cook, Qualified Cook or Cook employed Alone) who is responsible for the preparing of breakfasts.
(l) "Other Cook" shall mean a Cook who under direction, assists in cooking and preparing meals served in a hotel.
(m) "Cook Employed Alone" means a Cook employed in a kitchen where no other Cook is employed.
2. Hours of Work
(a) Subject to clause 2A, Implementation of 38 Hour Week the hours of all employees engaged on weekly hiring in the front-of-the-house shall be an average of 38 hours per week eight per day or shift to be worked within a spread of nine-and-a-half (9.5) hours or six hours per day within a spread of seven-and-a-half (7.5) hours per day from starting time inclusive of meal breaks. Each employee shall be entitled to two (2) full days off each week.
(b) Subject to clause 2A, Implementation of 38 Hour Week the hours of all employees engaged on weekly hiring in the back-of-the-house shall be an average of 38 hours per week, to be worked eight hours per day or shift exclusive of meal intervals within a spread of twelve (12) hours from commencing time other than in the metropolitan licensing area of Sydney where the spread of ordinary hours worked shall be within eleven (11), provided that the spread of hours shall be thirteen (13) where it has been agreed between the Union and the Employer Associations that special circumstances warrant consideration in relation to remote and/ or resort areas.
Notwithstanding the provisions of this subclause a six-hour day may be worked within a spread of ten (10) hours from commencing time inclusive of meal intervals other than in the metropolitan licensing area of Sydney where the spread of hours shall be nine (9) inclusive of meal intervals.
Each employee shall be entitled to two full days off each week.
(c) Each employee shall be granted a meal interval of not less than 30 minutes to be commenced after completing one hour thirty minutes and not later than five hours of duty.
Provided that where it is not possible to grant the meal interval on any day, the said meal interval shall be treated as time worked and paid at the rate for the day plus half time additional at the ordinary weekly rate until released for a meal.
Provided further that where an employee is required to exceed five hours' work after the first meal interval, he shall be granted a further meal interval of twenty minutes to be treated as time worked.
(d) Notwithstanding the provision of subclause (c) of this clause where an employee is rostered to work six hours in any one day under the provisions of clause 2A, Implementation of 38 Hour Week then such employee shall be granted a meal interval of at least 30 minutes to be commenced after completing one and a half hours and not later than 5 hours of duty.
Provided that where it is not possible to grant the meal interval on one day the said meal interval shall be treated as time worked and paid at the rate for the day plus half time additional at the ordinary weekly rate until released for a meal.
(e) The ordinary hours of work for all apprentices shall not exceed eight per day and shall be worked within a spread of eleven hours per day from starting time: Provided that apprentices under 17 years of age shall work their ordinary hours within a spread of not more than ten hours and shall not be required to work after 8 p.m.
2A. Implementation of 38 Hour Week
(a) Ordinary hours of work shall be an average of thirty-eight (38) per week as provided in clause 2, Hours of Work.
(b) The method of implementation of the 38-hour week may be any one of the following:
(i) By rostering employees off on one day each 4 week cycle where practicable to be continuous with normal rostered day or days off.
(ii) By employees working 4 days of eight hours and one day of six hours per week.
(iii) Employees who continue to work a 40-hour week will accumulate an extra day after each 4 week cycle up to a maximum of 5 days and these may be taken by employees at a time mutually acceptable to employer and employees.
(c) For the implementation of the 38-hour week by one of the methods set out in subclause (b) of this clause the following procedures shall apply:
(i) At each establishment employers and collective assembly of all weekly employees to consult. The Union and the relevant employer organisation or other representative of the employer may join in such consultation.
(ii) Should the consultations between the employer and the collective weekly employees (whether the Union and the relevant employer organisation is involved or not) fail to reach agreement the matter may be referred to the Hotel Employees (State) Industrial Committee.
(iii) Should the consultation where the Union has been involved result in agreement being reached then the agreed arrangement will operate from 1 April 1985.
(iv) In circumstances where the Union has not been involved in the consultation between employers and collective weekly employees and where agreement has been achieved the agreed arrangement will be implemented unless the Union takes the opportunity to have consultations with the employer and the relevant employer organisation. This consultation if undertaken by the Union will lead to either implementation of the agreed arrangement from 1 April 1985, or the matter will be referred to the Hotel Employees (State) Industrial Committee.
(v) In circumstances where consultation between the employer and the existing employees at each establishment has not taken place by 1 April 1985 a 19 day month as provided by paragraph (b)(i) of this clause will apply.
(d) Special Provisions for 19-day month:
(i) Employees may be rostered off one day in each 4-week cycle. In each case days off shall be by rostering, where practicable, so this rostered day off in each 4-week cycle is continuous with normal rostered day or days off.
(ii) Where such rostered day off falls on a public holiday the following day may be taken where practicable in lieu thereof.
(iii) Employees shall be entitled to a week’s wages in accordance with clause 5, Rates of Pay, of this award for each week of the cycle.
(iv) The entitlement to a rostered day off on full pay is subject to the following:
(1) each day of paid leave taken (not including annual leave and long service leave) and any public holiday occurring during any cycle of 4 weeks shall be regarded as a day worked for accrual purposes.
(2) an employee who has not worked a complete 4 week cycle in order to accrue a rostered day off shall be paid a pro-rata amount for credits accrued for each day worked in such cycle payable for the rostered day off (i.e. an amount of 24 minutes for each 8 hour day worked or 2 hours for each 40 hours worked). For the purposes of this subparagraph "worked" includes paid leave referred to in subparagraph (1).
(v) Sickness on a rostered day off which has resulted from the 19 day month work cycle-- where an employee is sick or injured on his rostered day off he shall not be entitled to sick pay nor shall his sick pay entitlement be reduced as a result of his sickness or injury on that day.
(vi) Payment of Wages--In the event that an employee by virtue of the arrangement of his ordinary working hours is rostered off duty on a day which coincides with pay day such employee shall be paid no later than the working day immediately following such pay day.
(vii) Notwithstanding the provisions of this clause, an employer may, subject to agreement with the Union, pay wages fortnightly according to the actual hours worked in that fortnightly pay period.
(e) First Three Months:
(i) From 1 January 1985 to 31 March 1985 or such earlier date that may be agreed at each establishment employees shall continue to work forty (40) hours per week and will accrue an entitlement of one days leave for each 4 week period worked.
(ii) During this period the method of implementing the 38-hour week to be settled for all establishments.
(iii) In respect of establishments where consideration by the Hotel Employees (State) Industrial Committee is pending the banking of one day per each 4 week period will continue.
(f) Procedures to Apply From 1 April 1985:
(i) The pattern of hours applying at each establishment to remain unaltered except by agreement between the employer, the relevant employer organisation and the Union. This procedure will operate for a period of 12 months and then it will be subject to review.
(ii) More than one pattern of hours to apply at establishments where it is agreed.
(iii) The pattern of hours to operate at new establishments will be settled in accordance with agreed procedures.
(iv) Disputes arising over these or other issues to be settled in accordance with the directions of the Hotel Employees (State) Industrial Committee.
3. Time Off
Employees shall be allowed two full days off duty each week. Two weeks' notice of a rostered day or days or shall be given provided that the rostered day or days off may be changed by mutual consent, at any time.
4. Rosters
(a) Employees shall be given a regular starting time and ceasing time for each day. Such times shall not be changed except upon two weeks' notice; provided that when such change is rendered necessary by the absence of other employees twenty-four hours' notice of such change shall be sufficient notice. For the purpose of this subclause "absence" shall not include the dismissal of other employees.
(b) Every employer shall exhibit and shall keep exhibited in a place accessible to the employees, a legible notice, which shall bear the date when it is affixed, showing the starting time, ceasing time, meal breaks, any other breaks of each employee for each day of the week the rostered days off duty each week and shall show thereon any change in the commencing time and ceasing time of any employee and the date on which the change was effected.
(c) Where an employee is required to work during the period that they were rostered for time off, in accordance with the foregoing, the employee shall be paid at double time rates for such work whether or not the weekly hours exceed forty.
(d) The roster of hours shall be produced for inspection by the secretary or other authorised officer of the union upon a request by the secretary or other authorised officer to inspect such roster.
4A. Rosters - Apprentices
(a) Where an apprentice's rostered day or days off coincide with a holiday prescribed in this award, the holiday shall not be a holiday for such apprentice and the holiday shall be substituted in one of the methods following:
(i) One day with pay added to the annual leave;
(ii) payment of one day's pay shall be made to the employee on the next succeeding pay day;
(iii) such holiday may be allowed off with pay to the employee within twenty-eight days after such holiday falls;
(iv) one of the above methods must be mutually agreed upon by the apprentice and the employer; failing such agreement the provision prescribed in paragraph (i) herein shall apply.
5. Rates of Pay
(a) Any employee engaged on weekly hire who is required to work their total ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday, inclusive, shall be paid an amount as set out in Item 1 of Table 2 per hour, with a minimum payment of the amount set out in Item 2 of Table 2. The minimum rate to be paid to adult employees of any classification shall, subject to other provisions of this award, be the rates set out in Table 1 of Part B - Monetary Rates.
(b) In-Charge Employees - A person (other than a Head Waiter/ress, Housekeeper, First Cook or Chef) appointed to direct other employees shall be paid as follows:
(i) If required to direct more than four employees - shall be paid an amount as set out in Item 3 of Table 2.
(ii) If required to direct six to ten employees - shall be paid an amount as set out in Item 4 of Table 2.
(iii) If required to direct over ten but not more than twenty employees - shall be paid an amount as set out in Item 5 of Table 2.
(iv) If required to direct more than twenty employees - shall be paid an amount as set out in Item 6 of Table 2.
In-charge rates are added to the weekly rates and apply as part of the weekly rate for all purposes.
(c) Special Allowances - Office Employees - Any employee irrespective of age who is required to have shorthand experience and has:
(i) Shorthand qualifications of 80 w.p.m. shall be paid as part of the weekly wage - shall be paid an amount as set out in Item 7 of Table 2.
(ii) Shorthand qualifications of 100 w.p.m. shall be paid as part of the weekly wage - shall be paid an amount as set out in Item 8 of Table 2.
(iii) Machine operators comptometer operators ledger posting machine operators and/or punch card tabulator operators irrespective of age with three months experience as such shall be paid as part of the weekly wage - shall be paid an amount as set out in Item 9 of Table 2.
Special allowances provided in this subclause shall be part of the weekly rate and apply as part of the weekly rate for all purposes.
(d) Home Deliveries:
(i) An employee (other than a cellarperson) required to make home deliveries - shall be paid an amount as set out in Item 10 of Table 2 - above their ordinary wage rate up to two hours. Provided where they make deliveries in excess of two hours on any one day they shall be paid for the day at cellarperson's rates only and in such case shall not be paid the $0.63 herein provided.
(ii) Where an employee classified as a cellarperson is required and makes home deliveries they - shall be paid an amount as set out in Item 11 of Table 2 - above their ordinary wage rate with the maximum amount as set out in Item 12 of Table 2 in any one day.
6. Arbitrated Safety Net Adjustment
(a) In addition to the rates of pay prescribed in clause 5, Rates of Pay, each adult employee shall receive an additional amount per week as set out in Table 1 - Wages, of Part B, Monetary Rates, to be paid for all purposes.
(b) In addition to the rates of pay prescribed in clause 5, Wages, each apprentice shall receive the arbitrated safety net adjustment as an additional amount per week as set out in the said Table 1, to be paid for all purposes.
(c) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:
(i) any equivalent overaward payments, and/or
(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
6A. Rates of Pay - Apprentices
(a) Proficiency Rates - Should an apprentice in any year pass in each of the subjects prescribed for that year of the apprenticeship course, and attain a standard as certified by the Department of Technical and Further Education of not less than an average of 70 per cent of possible marks allotted at the Annual Examination conducted by the Department, in the subjects of trade theory and trade practice prescribed for that year in the relevant course, the apprentice shall:
(i) On the first occasion on which the apprentice attains such standard be paid for the next succeeding year shall be paid an amount as set out in Item 13 of Table 2 in addition to the prescribed minimum weekly wage.
(ii) For the second occasion on which the apprentice attains such standard be paid for the next succeeding year shall be paid an amount as set out in Item 14 of Table 2 in addition to the prescribed minimum weekly wage.
(iii) For the third occasion on which the apprentice attains such standard be paid for the next succeeding year shall be paid an amount as set out in Item 15 of Table 2 in addition to the prescribed minimum weekly wage.
7. Casual Work
(a) "Casual employee" in this industry shall mean and be deemed to be any employee engaged as such to work for a lesser period than a working week of 38 hours on the class of employment for which the casual is employed.
(b) A casual employee shall be paid per hour at the rate of one thirty-eighth of the weekly rate prescribed for the class of work performed, plus the appropriate undermentioned addition to that rate:
(1) 50 per cent for casual work, Monday to Friday, inclusive, for time worked between 7.00 a.m. and 7.00 p.m., provided that for work performed before 7.00 a.m. and/or after 7.00 p.m., an additional amount per hour or part of an hour asset out in Item 16 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid, with a minimum additional payment of the amount as set out in Item 17 of the said Table 2.
(2) 75 per cent for work on Saturday.
(3) 100 per cent for work on Sunday.
(4) 200 per cent for work on holidays prescribed in this award.
(c) Casual work may, by mutual consent, be paid for weekly or fortnightly by agreement between the employers and employees or at the termination of each engagement.
(d) "Engagement" for the purposes of this clause shall be deemed to mean the period or periods for which the employer notifies the employee that they are so required to attend on any one day:
Provided that each period of engagement shall stand alone and shall be treated as an engagement of not less than two hours and be paid for as such.
(e) All fares in excess of 12 cents reasonably incurred by a casual employee in travelling from his residence to the place of work for the purpose of doing the work and/or in excess of 12 cents reasonably incurred in travelling from such place to his residence after doing the work in due course shall be paid by the employer.
(f) The hours of labour and conditions as to time off shall be the same for casuals as for other employees unless otherwise specified.
8. Board and Lodging
(a) Where board and residence is made available to adult employees the employer shall have the right to deduct from the pay of the employee residing on the premises an amount as set out in Item 18 of Table 2.
Provided that where an adult employee is required to share a room for lodging the amount to be deducted from the pay of such employee for board and lodging shall be an amount as set out in Item 19 of Table 2.
(b) Where lodgings only are made available to adult employees, the employer shall have the right to deduct from the pay of the employee residing on the premises an amount as set out in Item 20 of Table 2.
Provided that where an adult employee is required to share a room for lodging the amount to be deducted from the pay of such employee for lodging shall an amount as set out in Item 21 of Table 2.
(c) In the case of employees who do not reside on the employer's premises a deduction an amount as set out in Item 22 of Table 2 for each meal supplied and consumed during the employee's spread of working hours may be deducted by the employer.
(d) Where necessary, lodging rooms shall be fitted with adequate heating and cooling appliances.
(e) The rates for board and lodging for adults shall be increased or decreased by 20 cents for every 50 cents per week in the rate for classification "Persons not otherwise provided for" in subclause (a) of clause 11, Travelling Facilities, of this award.
(f) Junior employees receiving adult rates of pay shall be subject to the deduction applicable to adults prescribed in this clause.
(g) Junior employees receiving junior rates of pay shall be subject to a deduction at the rate of 50c for each meal supplied and consumed during the employee's spread of working hours.
(h) Junior employees receiving junior rates of pay, shall be subject to a deduction for board and lodging of no more than 50 per cent of the adult deduction, as provided in subclauses (a) and (b) of this clause.
9. Juniors
(a) Junior Employees (Other than Office Juniors) - The minimum rate of wages for Junior Employees shall be the undermentioned percentages of the rate prescribed for the Adult classification appropriate to the work performed for the area in which they are working.
|Age |Percentage |
|18 years of age |70 |
|19 years of age |85 |
|20 years of age |95 |
(b) Junior Office Employees - The minimum rates of wages for Junior Office Employees shall be as follows:
|Age |Percentage of 1st year adult service in the|
| |clerical industry |
|15 years of age and under |46 |
|16 years of age |54.5 |
|17 years of age |66 |
|18 years of age |77.5 |
|19 years of age |90 |
|20 years of age |96.5 |
(c) The percentages prescribed in subclauses (a) and (b), of this clause, shall be calculated as follows:
The total wage shall be calculated to the nearest 10 cents, any broken part of 10 cents in the result being less than 5 cents shall be disregarded -5 cents and over shall go to the higher 10 cents.
(d) Junior Employees on reaching the age of eighteen years, may be employed in the bar or other place where liquor is sold, provided that the maximum number shall be one to every three adults similarly employed receiving a minimum weekly rate prescribed in this award.
Provided further that where such junior is employed in the front of the house the adult award rate for the work being performed shall be paid.
(f) Junior Employees may be employed in the back of the house in the proportion not exceeding one junior to every three or fraction of three adults employed therein.
(g) An employer may at any time demand the production of a birth certificate or other satisfactory proof for the purposes of ascertaining the correct age of a junior employee. If a birth certificate is required, the cost of it shall be borne by the employer.
10. Apprentices
(a) Any apprentice who is required to work -
(1) part of their ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday, inclusive, shall be paid an amount as set out in Item 23 of Table 2 per hour or any part of an hour, for any such time worked within the said hours, with a minimum payment of the amount set out in Item 24 of Table 2 for any one day;
(2) their total ordinary hours between 7.00 p.m. and 7.00 a.m., Monday to Friday, inclusive, shall be paid an amount as set out in Item 25 of Table 2 per hour, with a minimum payment of the amount as set out in Item 26 of Table 2 for any one day or shift.
(b) Notwithstanding anything elsewhere contained in this award any awards made by the Hotel Employees (State) Apprenticeship Committee shall apply to any section of the trade to which such awards and/or regulations are expressed to apply; provided that any apprentice employed pursuant thereto shall be deemed to be a junior for the purpose of computing the proportion of juniors who may be employed under this award.
(c) Apprentices may be indentured to the following trades in the hotel industry:
(i) Cooking - which shall be the trade of preparing food for consumption on the premises of the employer by members of the public or other employees.
(ii) Waiting - which shall be the trade of servicing food and/or liquor to the public or other employees for consumption by them on the premises.
(d)
(i) Where an employee is apprenticed in the cooking trade in accordance with the provision of the State law and/or regulations made by the Vocational Training Authority of New South Wales, such employee shall be paid the percentage of the total wage prescribed for a cook (tradesperson) grade 3 in clause 18 - Classifications and wage rates, of The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998 as follows:
| |Per cent |
|First year |55 |
|Second year |65 |
|Third year |80 |
|Fourth year |95 |
(ii) Where an employee is apprenticed in the waiting trade in accordance with the provisions of the State law and/or regulations made by the Vocational Training Authority of New South Wales, such employee shall be paid the percentage of the total wage prescribed for a food and beverage attendant grade 5 in Clause 18 - Classifications and wage rates, of The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998 as follows:
| |Per cent |
|First six months |70 |
|Second six months |85 |
|Third six months |94 |
|Fourth six months |97 |
|Fifth six months |100 |
(iii) Any person completing a full apprenticeship as a qualified tradesperson shall be paid not less than the total rate prescribed for a cook (tradesperson) grade 3 or food and beverage attendant grade 5 in Clause 18 - Classifications and wage rates, of The Hospitality Industry - Accommodation, Hotels, Resorts and Gaming Award 1998.
(iv) All percentages prescribed in this subclause shall be calculated to the nearest ten cents. Any broken part of ten cents in the result being less than five cents shall be disregarded - five cents and over shall go to the higher ten cents.
(e) Overtime
(i) An apprentice under the age of eighteen years shall not, without their consent, be required to work overtime or shift work.
(ii) Any apprentice employed pursuant to this award shall be deemed to be a junior for the purpose of computing the proportion of juniors who may be employed under this award.
11. Travelling Facilities
(a) Where an employee is detained at work until it is too late to travel by the last ordinary train, tram, vessel or other regular conveyance to their usual place of residence the employer shall either provide proper conveyance or provide accommodation for the night free of charge.
(b) If an employee is required to start work before their ordinary commencing time and before the first ordinary means of conveyance (hereinbefore prescribed) is available to convey them from their usual place of residence to the place of employment the employer shall provide a conveyance or pay the cost thereof.
(c) Where a weekly employee is engaged for work outside a distance of twenty miles from the place of engagement they shall be paid all fares actually and necessarily incurred in travelling from the place of engagement to the place of employment; provided that if the employee leaves their place of employment or is dismissed for misconduct within a period of three months of the date of engagement, the employer may recover from the employee the fare paid on engagement.
12. Higher or Lower Grade Work
(a) Except for subclause (a), Bar Attendant, of clause 1, Definitions, of this award, an employee engaged for two or more hours of one day on duties carrying a higher rate than his ordinary classification shall be paid the higher rate for such day. If for less than two hours he shall be paid the higher rate for the time so worked.
(b) A higher paid employee shall, when necessary, temporarily relieve a lower paid employee without loss of pay.
13. Time and Wages Sheet
All employers shall keep time and wages sheets in accordance with the provisions of the Industrial Relations Act 1996.
14. Payment of Wages
(a) Except upon the termination of employment all wages including overtime shall be paid on any day other than Friday, Saturday or Sunday in each week. Notwithstanding the foregoing by agreement between the Union, the employer and the employee in a week where a holiday occurs payment of wages may be made on Friday.
(b) By agreement between the employer and the employee wages may be paid either weekly or fortnightly by one of the following means:
(i) Cash;
(ii) Cheque; and
(iii) Payment into employee's bank account, without cost to the employee.
In the event of a disagreement, the Union and the relevant employer organisation or other representative of the employer may be informed.
Notwithstanding the provisions of this subclause, an employer may pay an employee weekly by cash without consultation.
(c) Employees who are paid their wages at any time other than during their working time, shall, if kept waiting more than fifteen minutes, be paid overtime rates for all such waiting time.
(d) Employees whose rostered day off falls on pay day shall be paid their wages, if they so desire, before going off duty on the working day prior to their day off.
(e) When notice of termination of employment has been given by an employee or an employee's services has been terminated by an employer, payment of all wages and other monies due shall be made at the employee's normal place of employment prior to the employee leaving such place of employment. If an employee is kept waiting for more than fifteen minutes after termination of employment such employee shall be paid overtime rates for waiting time.
Provided where an employee is dismissed for misconduct such employee shall be paid within I hour from the time of dismissal.
For the purposes of this subclause, waiting time shall mean all time an employee is kept waiting on the premises of the employer on the day of termination of employment in excess of the waiting time specified herein. In the event of an employee not being paid on the day of termination of employment, such employee shall be paid at the rate of time and a half until payment is effected, with a minimum payment of two hours and a maximum of seven hours 36 minutes per day. The above seven hours 36 minutes shall refer to the period of shift normally worked by the employee.
Provided that in the case of an employee whose ordinary hours are arranged in accordance with clause 2A(b)(i) and (b)(iii) of this award and who is paid average pay and who has not taken the day off or days due to him during the work cycle in which his employment is terminated, the wages due to that employee shall include the total of credits accrued during the work cycle as mentioned in clause 2A of this award.
Provided further that where the employee has taken a day off during the work cycle in which his/her employment is terminated, the wages due to that employee shall be reduced by the total of credits which have not accrued during the work cycle.
(f) At the time of payment of wages each employee not in receipt of taxation deduction stamps shall be issued with a statement showing gross wage, taxation deduction, net wage, and date to which payment is made.
(g) For the purposes of this award including overtime, weekend and public holiday penalties the hourly rates of wages shall be calculated by dividing the appropriate weekly rates provided in subclause (a) of clause 5, Rates of Pay, of this award by 38 subject to the provisions of clause 7, Casual Work.
15. Public Holidays
(a) The day or days upon which the following holidays fall or the days upon which such holidays are observed shall be holidays for the purposes of this award: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, the picnic day of the Union (which shall be held on the third Monday in February in each year) and any other day or days proclaimed or gazetted as public holidays for the State.
(b) All time worked by any employee on any of the holidays specified in subclause (a), of this clause, shall be paid for at the rate of treble time with a minimum of four hours at such rate.
(c) When a public holiday falls on an employee's rostered day off, such employee shall be paid eight hours pay in addition to the weekly wage. In addition, an employee required to work on such a day shall be paid for such work in accordance with subclause (b), of this clause.
(d) Apprentices:
(i) When an apprentice is absent from his or her employment only on one working day or part of a day before or after a holiday, except on account of illness or other legitimate reason, he/she shall not suffer loss of payment for more than one day of the holidays.
(ii) Subject to clause 4A, Rosters - Apprentices, of this award, all time worked by an apprentice on a holiday herein prescribed shall be paid for at the rate of double time and a half for the hours worked, with a minimum of four hours' additional pay. Alternatively, apprentices who work on a prescribed holiday may, by agreement, perform such work without penalty pay in that week provided that equivalent paid time is added to the employee's annual leave or one day in lieu of such public holiday shall be allowed to the employee during the week in which such holiday falls.
Provided that such holiday may be allowed to the employee within twenty-eight days after such holiday falls.
16. Annual Leave
(a) All employees shall be entitled to 4 weeks annual leave per year, which shall apply for all purposes as if it were a provision of the Annual Holidays Act, 1944, providing that this clause shall not have the effect of reducing any entitlement under the said Act.
(b) All employees shall receive payment for annual leave periods calculated at their ordinary rate of pay in accordance with the provisions of the Annual Holidays Act, 1944, and shall, in addition, be paid all shift allowances, Saturday penalty payments and Sunday penalty payments relating to ordinary time the employee would have worked if the employee had not been on annual holidays.
Such payment shall not include any penalty payment in respect of a public holiday occurring during the annual holiday which is a public holiday on which the employee would have worked an ordinary shift.
17. Long Service Leave
See Long Service Leave Act 1955.
18. Sick Leave
(a) Any employee, other than a casual, after month's service with their employer, who is absent from work on account of personal illness or on account of injury by accident arising in the course of their employment, shall be entitled to leave of absence subject to the following conditions and limitations:
(i) An employee shall not be entitled to be paid for any absence for any period of which they are entitled to workers' compensation.
(ii) The employee shall, within twenty-four hours of the commencement of such absence, inform the employer of their inability to attend for duty and state the nature of the injury or personal illness and the estimated duration of the absence.
(iii) A claim made for sick leave shall be supported by evidence satisfactory to the employer, or in the event of a dispute to the Hotel Employees (State) Conciliation Committee, that the employee was unable, on account of injury or personal illness, to attend for duty on the day or days for which leave is claimed.
(iv)
(1) Subject to the provisions of subclause (c), of this clause, the employee shall not be entitled in any year (whether in the employ of one employer or several) to leave in excess of 48 hours in the first year and 64 hours at the commencement of the second and subsequent years.
(2) Apprentices - Subject to the provisions of this clause, the apprentice shall not be entitled to leave for each year of service in excess of 80 hours of working time.
(v) An employee shall not be entitled to paid leave in excess of ten hours during the first three calendar months of their employment with an employer and a further ten hours during the second three calendar months of such employment.
Provided that should employment continue beyond six months the apprentice shall be paid for the leave for which the apprentice would otherwise have been entitled to be paid except for the limitations prescribed in this paragraph and for which payment has not been made previously.
(b) Any employer taking over a business shall be responsible for all sick leave covered by the period of employment of each employee who was employed by an immediate predecessor in the business.
(c) Sick leave which has not been taken by an employee during the immediately preceding nine years together with the allowance of the then current year shall entitle the employee to a maximum of 640 hours' sick leave in any one year.
(d) In addition to the above provisions, any employee who is absent from his work and is entitled to receive workers' compensation payments in respect of such absence, shall be entitled to have any difference between such compensation payments and his weekly rate of pay paid to him by his employer. Any such period or periods are limited to 26 weeks in any one year.
(e)
(i) An employee who works under the provisions of paragraph (b)(ii) of clause 2A, Implementation of 38 Hour Week shall have their sick leave entitlement for each hour of absence on sick leave reduced by that amount up to a maximum of 7 hours 36 minutes for each day.
(ii) An employee who works under the provisions of paragraphs (b)(i) and (ii) of clause 2A, Implementation of 38 Hour Week shall have their sick leave entitlements for each hour of absence on sick leave reduced by that amount up to the number of hours the employee is rostered for work.
18A. Personal/Carer's Leave
(1) Use of Sick Leave:
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 18, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish, either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(2) Unpaid Leave for Family Purpose:
(a) An employee may elect, with the consent of the employer, and to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave:
(a) An employee may elect, with the consent of the employer and subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.
(4) Time Off in Lieu of Payment for Overtime:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(b) Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.
(c) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
(5) Make-up Time:
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time) at the shift work rate which would have been applicable to the hours taken off.
(6) Rostered Days Off:
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
19. Bereavement Leave
(1) An employee, other than a casual employee, shall be entitled to up to five days bereavement leave without deduction of pay on each occasion of the death of a person as prescribed in subclause (3) of this clause.
(2) The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
(3) Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer's leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 18A, State Personal/Carer s Leave, provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
(4) An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
(5) Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause18A. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
20. Overtime and Penalty Rates
(a) An employer may require any weekly employee to work reasonable overtime at overtime rates and such employee shall work overtime in accordance with such requirements. To ensure that weekly employees are not deprived of the opportunity to work reasonable overtime an employer shall so far as is practicable offer such employee the opportunity to work any overtime that may be required to meet fluctuations in his trade or other special circumstances, in preference to engaging casuals to supplement his normal labour force.
(b) All time worked in excess of the hours and/or outside the spread of hours or outside the rostered hours prescribed in clause 2 of this award shall be overtime and shall be paid for at the following rates:
(i) Monday to Friday inclusive time and one-half for the first two hours and double time for all work thereafter.
(ii) Between midnight Friday and midnight Saturday time and three-quarters for the first two hours and double time for all time worked thereafter.
(iii) Between midnight Saturday and midnight Sunday double time for all time worked.
(iv) All work performed on an employee's rostered day off, double time, with a minimum payment of four hours at the rate of double time. The four hours minimum shall not apply where the overtime is continuous from the previous days duty. Rostered day off shall include the rostered day off as provided in clause 2A of this award.
(v) Overtime on any day shall stand alone.
(vi) If an employee is so long on overtime duty has not had eight hours rest before their next regular starting time, they shall be allowed at least eight hours rest without deduction of pay or shall be paid at overtime rates for all time on duty until they have had at least eight hours' rest.
(c)
(i) For all ordinary time worked between midnight Friday and midnight Saturday time and one-half rates shall be paid;
(ii) For all ordinary time worked between midnight Saturday and midnight Sunday shall be paid at double time with a minimum of eight hours at the rate of double time.
(iii) Apprentices - For all ordinary time worked between midnight Saturday and midnight Sunday, time and three-quarters shall be paid.
(d) Limitations - Apprentices:
(i) No apprentice under the age of 18 years shall be required to work overtime unless they so desire. Such overtime shall not exceed one hour in any one day.
(ii) At 18 years or over, an apprentice who is required to work overtime for two hours or more, after the usual ceasing time, shall be provided with a meal free of charge.
(iii) No apprentice shall, except in an emergency, work overtime or shift work which would prevent their attendance at technical school as required by any statute, award or regulation applicable to them.
21. Termination of Service
(a) Three working days' notice of termination of service shall be given by employers and employees, respectively. If an employee leaves without notice such employee shall forfeit twenty-four hours' pay.
Provided that if an employee leaves without notice on account of conduct by the employer which may be reasonably deemed to be offensive to such employee, such employee shall not forfeit the twenty-four hours' pay prescribed.
(b) If any employer dismisses an employee without notice for cause other than misconduct the employer shall pay such employee twenty-four hours' pay in lieu of notice, provided that no employee shall be dismissed without notice for sickness, accident or other reasonable cause if they inform their employer within twenty-four hours of the commencement of such absence, of their inability to take up duty on that day and also informs the employer of their whereabouts and furnishes a reasonable excuse for their absence.
(c) Where notice of termination of service has been given employees shall be paid immediately upon the expiry of such notice.
(d) For the purposes of this award notice given within a period not exceeding three hours after the rostered commencing time of any working day shall be regarded as a full day's notice.
(e) Where the employment of an employee is terminated by the employer (except for misconduct) within fourteen days prior to any holiday or the commencement of a group of holidays the employee shall be paid for that holiday or group of holidays provided the employee has been employed by the employer for a period of at least two months prior to the termination of their employment.
(f) Where any two or more of the holidays prescribed in this award occur within one week of one another, such holiday shall, for the purposes of this award, be deemed to be a group of holidays.
22. Union Officials
(a) The secretary and accredited officials of the union shall have the right to enter the premises of any employer, at a time reasonably convenient to the employer, for the purpose of interviewing members but such officials shall obtain the permission of the employer before entering either the cellar or the back of the house.
(b) This clause shall not in any way affect the rights of authority issued by the Industrial Registrar in accordance with section 297 of the Industrial Relations Act, 1996.
22A. Shop Facilities - Apprentices
The Hotel Employees (State) Industrial Committee may inspect and advise upon the facilities that are provided by an employer so that an apprentice may gain proficiency in their trade.
22B. Disputes - Apprentices
An employer, or an officer of the applicant industrial union of employees, or an apprentice, their parents or guardian, may report to the Hotel Employees (State) Industrial Committee the occurrence of any dispute or alleged unsatisfactory treatment of a party to the indenture, and the Hotel Employees (State) Industrial Committee may make such order as it thinks fit in the circumstances.
23. First-Aid Outfit
In each establishment the employer shall provide and continuously shall maintain, at a place reasonably accessible to all employees, an efficient first-aid outfit. This provision shall comply with the relevant State Act.
24. Posting of Award
This award shall be exhibited by each employer on their premises in a place accessible to all employees.
25. Special Clothing
(a) Where the employer requires any special clothing such as coats, dresses, caps, aprons, cuffs, and any other articles of clothing to be worn by the employee they shall be purchased and cleaned or laundered at the employer's expense. Such clothing shall remain the property of the employer.
(b) Where by mutual agreement between an employer and an employee the cleaning or laundering of the special clothing is done by the employee a cleaning or laundering allowance shall be paid an amount as set out in Item 27 of Table 2 to a cook and an amount as set out in Item 28 of Table 2 to an employee other than a cook.
(c) Where it is necessary that waterproof or other protective clothing such as waterproof boots, aprons, or gloves be worn by an employee such clothing shall be supplied, without cost, to the employee and shall remain the property of the employer. Provided that, in the event of dispute, the necessity for the provision of protective clothing shall be determined by the Hotel Employees (State) Industrial Committee.
26. Uniform, Tools and Gear
(i) All aprons, towels, tools, ropes, brushes, knives, choppers, implements, utensils and material shall be supplied by the employer, without cost, to the employee.
(ii) Apprentices in cooking shall be paid an amount as set out in Item 29 of Table 2 as a tool allowance.
Provided that, where the employer supplies the apprentice with all necessary tools of use in his trade (such tools to remain the property of the employer) the provisions of this subclause shall not apply.
Provided further where a tool allowance is paid to apprentices, the employer may, from time to time, inspect the tools provided by any apprentice and if not satisfied that reasonable tools are being provided and kept in serviceable condition, having regard to the quantum of tool allowance paid, may furnish or render serviceable such tools and deduct the cost thereof from tool allowance payments thereafter becoming due.
27. Dressing Rooms, Showers, &c.
(a) An employer shall provide for non-resident employees a separate dressing room for male and for female employees, adequately lighted and ventilated, with suitable floor covering and floor space, to be sufficiently roomy to accommodate all employees likely to use it at the one time, sufficient seating accommodation and lounge or settee and steel or vermin-proof lockers and adjacent thereto wash basins and showers with hot and cold water and toilets for staff use.
(b) An employer shall provide for resident employees bedroom space of not less than 100 square feet for each two employees and shall provide beds, wardrobe, dressing table, chair and suitable floor covering; laundering facilities for washing and ironing shall be made available, without charge.
(c) Where there are more than four resident employees in any establishment the employer shall provide a staff lounge room, bathroom and toilet conveniences separate from those used by guests.
28. Breakages
An employer shall not charge a sum against nor deduct any sum from the wages of any employee in respect of breakages of crockery or other utensils except in the case of wilful misconduct.
29. General Conditions
(a) Any bar attendant or cellarperson shall not be required to scrub nor wash floors or tables; such work shall be performed by the useful.
(b) Night porters, and night cleaners who reside on the premises shall be provided with a room that is not shared by another employee.
(c) Female employees shall not be required to clean men's lavatories nor clean windows where it is necessary to get outside such windows.
(d) Junior employees shall not be employed on dishwashing machines.
29A. Disputes and Industrial Grievance Procedure
Subject to the provisions of the Industrial Relations Act 1996, grievances and disputes shall be dealt with in the following manner:
(i) Procedures relating to grievances of individual employees:
(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
(ii) Procedures relating to disputes etc., between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) The employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees for the purposes of each procedure.
30. Meal Money
An employee required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work shall either be supplied with a meal by the employer or paid $2.13 meal money.
If an employee pursuant to notice has been provided with a meal and is not required to work overtime or is required to work less than the amount advised they shall be paid as above prescribed for the meal which they have been provided but which is surplus.
31. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedures prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operations of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation.
(b) offering or providing junior rates of pay to persons less than 21 years of age.
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977.
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects...any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
32. Redundancy
(1) Application:
(a) This Part shall apply in respect to full time and part time persons employed in the classifications within this Award.
(b) In respect to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of subclause (3) of this clause.
(c) Notwithstanding anything contained elsewhere in this award, this award shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this award, this award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks, or where employment is terminated due to the ordinary and customary turnover of labour.
(2) Introduction of Change:
(a) Employer’s Duty to Notify:
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union to which they belong.
(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where this award makes provision for alteration, it shall be deemed not to have significant effect.
(b) Employer’s Duty to Discuss Change:
(i) The employer shall discuss with the employees affected and the Union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.
(ii) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this subclause.
(iii) For the purpose of such discussions, the employer shall provide to the employees concerned and the Union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(3) Redundancy:
(a) Discussions before Terminations:
(i) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subparagraph (i) of paragraph (a) of subclause (2) of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the Union to which they belong.
(ii) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (i) of this paragraph and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(iii) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the Union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
(4) Termination of Employment:
(a) Notice for changes in production, program, organisation or structure - This paragraph sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subparagraph (i) of paragraph (a) of subclause (2) of this clause.
(i) In order to terminate the employment of an employee, the employer shall give to the employee the following notice:
|Period of Continuous Service |Period of Notice |
|Less than one year |1 week |
|1 year and less than 3 years |2 weeks |
|3 years and less than 5 years |3 weeks |
|5 years and over |4 weeks |
(ii) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.
(iii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(b) Notice for Technological Change - This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subparagraph (i) of paragraph (a) of subclause (2) of this clause.
(i) In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.
(ii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment shall be terminated by part of the period of notice specified and part payment in lieu thereof.
(iii) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time Off During Notice Period:
(i) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.
(ii) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(d) Employee Leaving During Notice Period:
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of Employment:
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.
(f) Notice to Centrelink:
Where a decision has been made to terminate employees, the employer shall notify the Centrelink thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(g) Transfer to Lower-paid Duties:
Where an employee is transferred to lower-paid duties the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.
(5) Severance Pay:
(a) Where an employee is to be terminated pursuant to this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service:
(i) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of service |Under 45 years of age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
(ii) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
|Years of service |45 years of age and over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
(iii) "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid pursuant to this award.
(b) Incapacity to Pay:
Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause.
The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect of paying the amount of severance pay in paragraph (a) of this subclause will have on the employer.
(c) Alternative Employment:
Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause if the employer obtains acceptable alternative employment for an employee.
33. Basis of Award and Leave Reserved
This award is made in relation to the award of the Commonwealth Conciliation and Arbitration Commission known as the "Hotels and Retail Liquor Industry Award, 1973". Leave is reserved to the union to apply at any time for a variation of this award in order to maintain that relationship.
34. Area, Incidence and Duration
This award rescinds and replaces the Hotel Employees (State) Award published 6 March 1974 and reprinted 6 April 1983 (229 I.G. 17), and all variations thereof, the Hotel &c., Employees (State) Wages Adjustment Award published 28 February 1997 (296 IG 1017) and all variations thereof, and the Hotel Employees Redundancy and Technological Change (State) Award published 9 February 1996 (290 I.G. 636).
It shall apply to all hotel employees and their employers in the State, excluding the County of Yancowinna, within the jurisdiction of the Hotel Employees (State) Industrial Committee.
This Award shall come into force on 20 August 2001 and shall remain in force for a period of 12 months.
The changes to give effect to section 19 of the Industrial Relations Act 1996 and the Commission's Principles for Review of Awards shall take effect from 20 August 2001.
PART B
MONETARY RATES
Table 1 - Wages
|Classification |Wage Total |
| |$ |
|Bar Attendant |400.40 |
|Cashier in Bars |400.40 |
|First Cook |408.20 |
|Qualified Cook |400.40 |
|Cook Employed Alone |400.40 |
|Breakfast & Other Cook |400.40 |
|Head Waiter/ress and/or Host/ess |400.40 |
|Other Waiters/resses, drink and/or Food |400.40 |
|Cleaner in and about Bars |400.40 |
|Cellarperson |400.40 |
|Assistant Cellarperson |400.40 |
|Butcher |400.40 |
|Pantryman/maid or Kitchenman/maid |400.40 |
|Storeperson |400.40 |
|Night Porter |400.40 |
|Day Porter |400.40 |
|Billiards Room Attendant |400.40 |
|Commissionaire Messenger and/or Parking Attendant |400.40 |
|Useful and Cleaner |400.40 |
|Person not otherwise provided for |400.40 |
|Office Employees - |
|1st year of adult service in the clerical industry |400.40 |
|2nd year of adult service in the clerical industry |400.40 |
|3rd year of adult service in the clerical industry |400.40 |
|Cashier - elsewhere |400.40 |
|Housekeeper or Manager/ess |400.40 |
|Snack Bar Attendant |400.40 |
|Laundry employee |400.40 |
|Houseman/maid |400.40 |
|Houseman/maid who repairs linen or articles of any description |400.40 |
|Pantryman/maid or Kitchenman/maid |400.40 |
|Persons not otherwise provided for |400.40 |
Table 2 - Other Rates and Allowances
|Item |Clause |Description |Amount |
| | | |$ |
|1 |5 (a) |Whole of work between 7.00 pm and 7.00 am per hour |0.44 |
|2 |5 (a) |Whole of work between 7.00 pm and 7.00 am per hour - |3.61 |
| | |Minimum payment per day | |
|3 |5 (b) (i) |In Charge of more than four employees |7.60 per week |
|4 |5 (b) (ii) |In Charge of six to ten employees |10.10 per week |
|5 |5 (b) (iii) |In Charge of ten to twenty employees |11.60 per week |
|6 |5 (b) (iv) |In Charge of more than twenty employees |19.40 per week |
|7 |5 (c) (i) |Shorthand 80 wpm |3.70 per week |
|8 |5 (c) (ii) |Shorthand 100 wpm |7.70 per week |
|9 |5 (c) (iii) |Machine operator |3.60 per week |
|10 |5 (d) (i) |Home deliveries |0.32 per hour |
|11 |5 (d) (ii) |Home deliveries |0.32 per hour |
|12 |5 (d) (ii) |Home deliveries maximum |0.64 |
|13 |6A (a) (i) |Apprentice proficiency (first occasion) |1.30 per week |
|14 |6A (a) (ii) |Apprentice proficiency (second occasion) |2.10 per week |
|15 |6A (a) (iii) |Apprentice proficiency (third occasion) |2.70 per week |
|16 |7 (b) (1) |For all work between 7.00 pm and 7.00 am per hour |0.72 |
|17 |7 (b) (1) |For all work between 7.00 pm and 7.00 am per hour - |1.10 |
| | |Minimum payment per day | |
|18 |8 (a) |Board and residence adult employee |14.20 per week |
|19 |8 (a) |Shared room Board and residence adult employee |13.62 per week |
|20 |8 (b) |Lodgings only adult employee |9.08 per week |
|21 |8 (b) |Shared room lodgings only adult employee |8.75 per week |
|22 |8 (c) |Meal supplied during employee’s spread of hours |1.00 per meal |
|23 |10 (a) (1) |Apprentices - Part of work between 7.00 pm and 7.00 am |0.27 |
| | |per hour | |
|24 |10 (a) (1) |Apprentices - Part of work between 7.00 pm and 7.00 am |0.53 |
| | |per hour - Minimum payment per day | |
|25 |10 (a) (2) |Apprentices - Whole of work between 7.00 pm and 7.00 |0.30 |
| | |am per hour | |
|26 |10 (a) (2) |Apprentices - Whole of work between 7.00 pm and 7.00 |2.43 |
| | |am per hour - Minimum payment per day | |
|27 |25 (b) |Laundry special clothing - cooks |2.70 per week |
|28 |25 (b) |Laundry special clothing - other than cooks |1.60 per week |
|29 |26 (ii) |Apprentice - Tool allowance |0.50 per week |
F. L. WRIGHT J, President.
M. J. WALTON J, Vice-President.
P. J. SAMS D.P.
B. W. O'NEILL, Commissioner.
Hotel Employees (State) Industrial Committee
Industries and Callings
Hotel employees including billiard markers, lift attendants, grooms, stablemen, and yardmen. and all persons employed in bars and/or booths in the handling of liquor and in such work as is incidental thereto on showgrounds, racecourses, sports grounds, picnic grounds, etc., or any other place not being an hotel where temporary liquor bars are established for the sale of liquor in the State, excluding the County of Yancowinna;
Excepting:
Engine-drivers and firemen, greasers, trimmers, cleaners and pumpers engaged in or about the driving of engines, electrical crane, winch, and motor drivers;
Carters and drivers of motor and other power-propelled vehicles; and
Employees of the Electricity Commission of New South Wales.
____________________
Printed by the authority of the Industrial Registrar.
|(783) |SERIAL C1040 |
SOCIAL AND COMMUNITY SERVICES EMPLOYEES
(STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by the Australian Services Union of N.S.W., industrial organisation of employees.
(No. IRC 5544 of 1998)
|Before The Honourable Justice Wright, President |16 November and 7 December 2001 |
|Mr Deputy President Grayson | |
|Commissioner McLeay | |
AWARD
PART I - INDEX, DEFINITIONS
1. Index
PART I
1. Index
2. Definitions
PART II - ENGAGEMENT OF EMPLOYEES
3. Terms of Engagement
4. Full-Time Employees
5. Part-Time Employees
6. Fixed Term Employees
7. Casual Employees
8. Live-in Employee
9. Traineeships
PART III - HOURS OF WORK
10. Hours of Work
11. Overtime
12. Time in Lieu
13. Call Back
14. Shift Work
15. Roster of Hours
16. Excursions
17. Meal Breaks
18. Breaks Between Shifts and Overtime
PART IV - CLASSIFICATIONS, WAGES AND SUPERANNUATION
19. Classifications
20. Translation
21. Rates of Pay
22. Regrading and Classification Committee
23. Incremental Placement and Advancement
24. Higher Duties
25. Superannuation
26. Payment of Wages
27. Time and Pay Records
28. State Wage Case
PART V - ALLOWANCES, EXPENSES AND AMENITIES
29. Sleepover Allowance
30. First Aid Allowance
31. On Call Allowance
32. Motor Vehicle Allowance
33. Expenses
34. Amenities
PART VI - LEAVE
35. Sick Leave
36. Annual Leave
37. Annual Leave Loading
38. Long Service Leave
39. Calculation of Continuous Service
40. Public Holidays
41. Personal Carer's Leave
42. Bereavement Leave
43. Parental Leave
44. Leave Without Pay
45. Jury Service
PART VII - GRIEVANCE AND DISPUTES SETTLING PROCEDURE, TERMINATION AND ORGANISATIONAL CHANGE AND REDUNDANCY
46. Grievance and Disputes Settling Procedure
47. Termination of Employment
48. Organisational Change and Redundancy
PART VIII -MISCELLANEOUS PROVISIONS
49. Occupational Health and Safety
50. Protective Clothing and Safety Equipment
51. Anti-Discrimination
52. Employees' Indemnity
53. Posting of Award
54. Union Notices
55. Right of Entry by Union
56. Labour Flexibility
57. General Savings
58. Area Incidence and Duration
PART IX - MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Allowances
Table 3 - Translation
2. Definitions
"Union" shall mean the Australian Services Union of New South Wales.
"Community Development Worker" shall mean a person employed to assess the needs of the community, stimulate community involvement in meeting those needs and implement programmes and, in particular, education programmes.
"Co-ordinator" shall mean an employee who is responsible for the overall administration and/or co-ordination of a service, agency or workplace of the employer and shall include, without limiting the generality of the foregoing, an employee who is responsible for the overall administration and/or co-ordination of:
(i) a multi-purpose Neighbourhood Centre including one that encompasses a child care facility;
(ii) a residential care service providing social support in a residential setting (including family group homes or institutional care for children) where such services are distinct from sessional care to pre-school children, long day care, extended hours care, twenty-four hours care, before and after school care, play groups, occasional care, vacation care and multi-purpose child care, but shall not include a person employed in a child care centre but shall exclude an employee whose duties are principally managerial/administrative and who is a member of the senior management team of a large multi-function organisation (other than a multi-purpose neighbourhood centre) which administers a range of services/facilities and workplaces.
"Developmental Disability" describes a chronic disability which:
(a) is attributable to an intellectual or physical impairment or combination of intellectual and physical impairments;
(b) is manifested before the person attains age 18;
(c) is likely to continue indefinitely;
(d) results in substantial functional limitation in three or more of the following areas of major life activity: self-care, receptive and expressive language, learning, mobility, self direction, capacity for independent living, economic self sufficiency; and
(e) reflects the person's need for a combination and sequence of special interdisciplinary or generic care, treatment or other services which are of lifelong or extended duration and are individually planned and co-ordinated.
For practical purposes this includes persons with an intellectual handicap, severe epilepsy, cerebral palsy, brain damage acquired in childhood and those with other neurological disorders needing similar provision.
"Information Officer" shall mean an employee who is responsible for collection and dissemination of information and the maintenance or organisation of information systems within a service.
"Project Officer" shall mean a person employed to develop or undertake a social welfare project or series of projects, where such employee is subject to minimal direction and supervision by another employee in performance of such work and is solely responsible for the outcomes of that particular project or projects.
"Research Officer" shall mean a person employed to develop or undertake a research project or series of projects where such employee is subject to minimal direction and supervision by another employee, in the performance of such research but shall not include an "Information Officer", "Project Officer", "Research Officer" as defined, who
(i) has post secondary qualifications requiring at least one year's full-time study in librarianship, archival management (however described, but including library technician qualifications) and is employed in work requiring the qualifications; or
(ii) is studying for a qualification referred to in (i) above and is employed in work which requires that such study is undertaken.
"Residential Care Worker" shall mean a person employed to provide welfare and social support services in refuges or residential care establishments, as distinct from persons engaged primarily in manual work in such services.
"Social Educator" shall mean a person employed in accommodation support services and residential care facilities to provide support and training to people with a developmental disability in the acquisition of social and independent living skills.
"Supervision" shall mean for the purpose of this Award:
(i) "Immediate supervision" - the direct responsibility to another employee at the workplace in the performance of daily tasks;
(ii) "General supervision" - supervision of a broad set of tasks based more on self appraisal than daily direction of task performance and can include professional supervision.
"Vocational Educator" shall mean a person who provides support and training to people with a developmental disability in the acquisition of skills including community access, independent living, employment and social skills.
PART II - ENGAGEMENT OF EMPLOYEES
3. Terms of Engagement
3.1 The employer shall inform each employee in writing as to the terms of their engagement, and in particular whether they are a full-time, part-time, fixed term or casual employee.
3.2 Casuals shall receive such details in writing only on their initial engagement.
3.3 The employer shall provide each employee with a job description or duty statement outlining specific duties to be performed and hours of work, upon engagement, or in the case of existing employees, within two months of the effective date of this Award in accordance with Clause 20 Translation.
3.4 All employees employed pursuant to this Award other than fixed term or casual employees shall be deemed to have ongoing employment.
4. Full-Time Employees
4.1 An employee not specifically engaged on a part-time, casual or fixed term basis shall be a full-time employee.
4.2 Full time employees shall be paid a minimum of two hours on each day they work.
5. Part-Time Employees
5.1 A Part-time employee shall mean a person who works a specified number of regular days and/or hours being less than those worked by a full-time employee in a four-week period.
5.2 Part-time employees shall be paid a minimum of two hours on each day they work.
5.3 Part-time employees shall be paid an hourly rate calculated on the basis of one-thirty eighth of the appropriate weekly rate prescribed by Clause 21, Rates of Pay.
5.4 Part-time employees shall be entitled to all benefits under this Award on a pro rata basis.
6. Fixed Term Employees
6.1 A fixed term employee may be engaged to work on either a full-time or part-time basis:
(a) for the completion of a specifically funded task(s) or project; not subject to recurrent funding; or
(b) to relieve an employee who is undertaking a specifically funded task(s) or project for a defined period; or
(c) to relieve in a vacant position arising from an employee taking leave in accordance with this Award; or
(d) for the temporary provision of specialist skills that are not available within the organisation for a specified period of time; or
(e) to fill short term vacancies resulting from the resignation of a permanent employee during the recruitment and selection process.
Provided that the term shall not exceed 12 months in the case of (c), (d) or (e).
6.2 A fixed term employee shall not be employed to fill a position previously held by a permanent employee except under circumstances specified in 6.1 above.
6.3 This Award shall apply to a fixed term employee except to the extent that the Award expressly provides that it does not apply.
6.4 When offering employment on a fixed term basis, the employer shall advise the employee in writing of the temporary nature of the employment, the actual or expected duration of employment, and that employment beyond the period is not expected.
6.5 The employer and a fixed term employee may agree to the duration of the period of employment being extended once only, provided that any extension will not exceed six months.
6.6 If a fixed term employee is subsequently appointed to a full-time or part-time position with the employer, any period of the fixed term contract completed immediately prior to the commencement of the full-time or part-time position shall be recognised as service with the employer for calculating leave entitlements, provided that the employee has not taken or received payment in lieu of those leave entitlements.
6.7 Fixed term employees shall be paid a minimum of two hours on each day they work.
7. Casual Employees
7.1 A casual employee shall mean an employee employed to perform work of a short-term irregular nature.
7.2 A casual employee shall be paid an hourly rate equal to one-thirty eighth of the appropriate weekly rate prescribed by Clause 21, Rates of Pay, plus an additional loading of fifteen (15 %) per cent.
7.3 Pursuant to the Annual Holidays Act 1944, casual employees are entitled to payment in lieu of annual leave at the end of each engagement in addition to entitlements under this clause, ie an amount equal to one-twelfth (8.33%) of the employee’s ordinary pay for such period of engagement.
7.4 Where a casual employee is engaged to undertake shift work, the prescribed shift penalty for the appropriate shift shall be paid in addition to the loading prescribed in 7.2 and 7.3.
7.5 A casual employee shall be paid a minimum of two hours at the appropriate rate for each engagement.
NOTE: To calculate the appropriate rate of pay for a casual employee the formula is: appropriate hourly rate + 15% = sub total (1) [+appropriate shift penalty = subtotal (2) ]+ 8.33% = total.
8. Live-in Employee
8.1 A live-in employee shall mean a person who lives on the employer's premises and such premises are available to be lived in for 7 days of the week.
8.2 An employer shall ensure a live-in employee is rostered off duty for a minimum of 8 days in any 4 week (28 day) period.
8.3 A live-in employee will be provided with full board and lodging by the employer, however an employer may deduct $87.50 or 20 percent (whichever is the lesser amount) from an employee's weekly wage.
8.4 The provisions of this Award relating to hours, shift work, weekend penalties, sleepover allowance, rest breaks and overtime shall not apply to live-in employees.
9. Traineeships
The parties to this Award shall observe the terms of the National Training Wage Award 2000 as amended.
PART III - HOURS OF WORK
10. Hours of Work
10.1 The ordinary hours of work, except for shift workers, shall be no more than 152 hours in any four week period exclusive of meal breaks, worked between the hours of 6.00 am and 8.00 pm Monday to Sunday inclusive.
10.2 The ordinary hours of work for shift workers shall be no more than 152 hours in any four week period.
10.3 The employer in rostering ordinary hours of work shall take all reasonable steps to accommodate requests of the employee.
10.4 Weekend Work:
(a) An employee who is not a shift worker who works ordinary hours on a Saturday shall be paid a loading of 50% in addition to their ordinary rate of pay.
(b) An employee who is not a shift worker who works ordinary hours on a Sunday shall be paid a loading of 75% in addition to their ordinary rate of pay.
11. Overtime
11.1 Overtime means time worked with the prior authorisation of the employer beyond the ordinary hours of work specified in this Award and/or outside the span of hours specified in this Award.
11.2 Overtime shall be paid as follows:
From 12 December 2001 to 11 December 2002
Time and one quarter for the first three hours
Time and one half thereafter
From 12 December 2002
Time and one half for the first three hours
Double time thereafter
11.3 Shift workers shall receive overtime payments in accordance with this Clause where they are required to work any additional hours beyond their rostered shifts.
11.4 Part time employees must:
(a) work the full time equivalent hours within the span of hours identified in 10.1 Hours of Work before overtime is payable; or
(b) work outside the span of hours identified in Clause 10.1 Hours of Work before overtime is payable.
11.5 For the purpose of calculating the payment of overtime, each day shall stand alone.
11.6 Employees may be required to work reasonable amounts of overtime.
12. Time in Lieu
12.1 Time Off in lieu of payment for overtime:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(b) Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under subclause (a) above where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under (a) above as an overtime payment or as time off work at the ordinary time rate of pay.
13. Call Back
13.1 An employee who is recalled to work after leaving the place of employment shall be paid a minimum of two hours pay at the appropriate overtime rate, as in Clause 11, Overtime for such time so recalled, provided that the employee shall not be required to work the full two hours if the work is completed in a shorter period.
14. Shift Work
14.1 Definitions:
(a) Evening Shift means any shift which finishes after 8.00pm and at or before 12.00 midnight Monday to Friday.
(b) Night Shift means any shift which finishes after 12.00 midnight or commences before 6.00am Monday to Friday.
(c) Saturday shift means any time worked between midnight Friday and midnight Saturday.
(d) Sunday Shift means any time worked between midnight Saturday and midnight Sunday.
(e) A gazetted Public Holiday Shift means any time worked between midnight on the night prior to the public holiday and midnight of the public holiday.
14.2 Engagement in Shift Work:
(a) Where an employer wishes to engage an employee in shift work, the employer shall advise the employee in writing, specifying the period over which the shift is ordinarily worked.
14.3 Shift Loadings:
(a) An employee working an evening shift shall be paid a loading of 15% on their ordinary rate of pay for the whole of such shift.
(b) An employee who works a night shift shall be paid a loading of 30% on their ordinary rate of pay for the whole of such shift.
(c) An employee who works a Saturday shift shall be paid a loading of 50% on their ordinary rate of pay for that part of such shift.
(d) An employee who works a Sunday shift shall be paid a loading of 75% on their ordinary rate of pay for that part of such shift.
(e) An employee who works a Public Holiday shift shall be paid a loading of 150% on their ordinary rate of pay for that part of such shift.
14.4 Shifts are to be worked in one continuous block of hours that may include meal breaks and sleepover.
15. Roster of Hours
15.1 The ordinary hours of work for each employee other than casuals shall be displayed on a roster in a place conveniently accessible to employees. Such roster shall be displayed two weeks prior to the commencing date of the first working period in any roster.
15.2 A roster may be changed by mutual agreement between the employer and an employee at any time to enable the services of the employer to be carried on where another employee is absent from duty on account of illness or in emergency, but where any such alteration involves an employee working on a day which would have been their day off such time worked shall be dealt with in accordance with Clause 11, Overtime or Clause 14, Shiftwork.
16. Excursions
16.1 Where an employee agrees to supervise clients during an excursion activity, the following payment shall apply to such work:
(a) For all time worked between the hours of 8 am to 6 pm, Monday to Sunday inclusive, payment shall be made at the employees ordinary rate of pay up to a maximum payment of 8 hours per day.
(b) For all time worked between the hours of 6 am to 8 am and/or between the hours of 6 pm to 10 pm Monday to Sunday inclusive, payment shall be made at the appropriate rate set out in Clause 11, Overtime.
(c) Where an employee is required to sleepover and be available to deal with any urgent situation should one arise, payment of a sleepover allowance in accordance with Clause 29.4, shall apply.
(d) By agreement, overtime worked in accordance with 16.1 (b) may be taken in accordance with Clause 12, Time in Lieu.
17. Meal Breaks
17.1 A meal break of not less than thirty minutes shall be allowed each day, for lunch and/or dinner. No employee should be required to work more than five hours continuously without a meal, but where they do, with the authorisation of the employer, any time worked in excess of five hours shall be paid for at the overtime rates set out in Clause 11, Overtime until such time as the employee receives a meal break.
17.2 Nothing in this clause should be deemed to mean that an employee would be deprived of, nor deprive themselves of a meal break, simply because of pressure of general work.
17.3 Where an employee is required to have a meal with clients that time shall be paid and 17.1 does not apply.
18. Breaks Between Shifts and Overtime
18.1 Employees required to continue work after their normal ceasing time must have a rest period of ten (10) consecutive hours before again starting work.
18.2 Employees directed to resume or continue work without having received a break in accordance with 18.1 shall be paid at the overtime rates set out in Clause 11, Overtime until they are released from duty. They will then be entitled to be absent for a period of ten (10) consecutive hours without loss of pay.
18.3 The provisions of 18.1 and 18.2 shall not apply to any sleepover whether or not that sleepover is connected with an ordinary rostered shift.
PART IV - CLASSIFICATIONS, WAGES, AND SUPERANNUATION
19. Classifications
19.1 "Community Services Worker Grade 1" shall mean a person who is employed to assist Community Services Workers Grades 2 to 6 within a defined area of social and community welfare services and is under the immediate and direct supervision of another employee in relation to all aspects of their employment. In no case shall a Community Services Worker Grade 1 be responsible for policy development, or co-ordination, or the direction or supervision of paid or unpaid workers. However, a Community Services Worker Grade 1 may be required to provide information for use in the co-ordination and policy development of an organisation.
19.2 "Community Services Worker Grade 2" shall mean a person who is employed to perform duties of a more complex, varied and responsible nature than a Community Services Worker, Grade 1, which may include service delivery on an individual, group or community basis and social educators and vocational educators. Such person may be required to exercise initiative and independent judgement but will be under the general supervision of another employee subject to this award. In no case shall a Community Services Worker, Grade 2, be required to develop policy for or co-ordinate a service.
19.3 "Community Services Worker Grade 3" shall mean an employee who performs more varied, complex and responsible work than a Grade 2 as defined above, in providing social welfare services on an individual, group or community basis. Such employee may be required to exercise substantial responsibility in relation to service delivery, initiative and substantial judgement and have an extensive knowledge of social and community welfare services and shall be subject only to general supervision. Such duties may include case responsibility for clients, co-ordination of a service, contributing to policy development, supervision of other workers and/or complex counselling, and may include the co-ordination and/or administration of activity therapy centres, workshops and supported employment services and independent living training for the developmentally disabled.
19.4 "Community Services Worker Grade 4" shall mean an employee who would not ordinarily receive instructions from another employee as to the performance of their duties; and
(a) is responsible for the overall administration and/or co-ordination of a service, agency or workplace of the employer including the supervision of one or more Grade 3 employees; and/or
(b) is primarily engaged in developing and implementing policies at a senior level for a service in relation to general or specific aspects of social and community welfare services; and/or
(c) is primarily engaged in the co-ordination and/or administration of activity therapy centres, workshops and supported employment services for the developmentally disabled where such employment based schemes cater for more than 30 disabled persons and independent living training where such community and hostel based residences cater for more than 20 disabled persons;
but shall exclude an employee whose duties are principally managerial/administrative and who is a member of the senior management team of a large multi-function organisation (other than a multi-purpose neighbourhood centre) which administers a range of services, facilities and workplaces.
19.5 "Community Services Worker Grade 5"
(definition to be inserted on or before 28 May 2002)
19.6 "Community Services Worker Grade 6"
(definition to be inserted on or before 28 May 2002)
20. Translation
See Table 3
21. Rates of Pay
21.1 Employees shall be paid in accordance with Table 1.
21.2 The rates of pay in this award will be increased by 3% on the first pay period on or after 28 November 2002.
22. Regrading and Classification Committee
22.1 Where an employee and their employer are unable to resolve a dispute relevant to the appropriate grading of the employee the dispute is to be referred to the Regrading and Classification Committee.
22.2 Function of Committee - The function of the Regrading and Classification Committee is to deal with disputes arising out of the translation of individual employees from the classification structure under the Social and Community Service (State) (Interim) Award 1991 to this Award, as well as to resolve disputes over classifications and grading that arise under this Award.
(a) The translation for Grades 1 - 4 is operative from 28 November 2001.
(b) The translation for Grades 5 - 6 is operative from 28 May 2002.
22.3 Process for Regrading and Classification exercise:
(a) Where the employee(s) disputes the grading, in the first instance the employee(s) shall seek a review by using Clause 46 Grievance and Disputes Settling Procedure (a) (b) (c) (d).
(b) In the event of failure to resolve the grading dispute in this manner, the employee(s) can lodge an application with the Regrading and Classification Committee.
(c) The employee(s) must lodge an application in writing within one month (28 days)of the employee(s) being graded. The application must set out grounds in support of a regrading.
(d) The appeal in (c) shall then be considered within 2 weeks (14 days) and the evaluation of that job reassessed.
(e) If reassessment proves to be negative the applicant may request in writing for the appeal to be referred to the Grading and Classification Committee. The appeal shall be heard by the Committee within 28 days.
(f) The Committee shall consist of:
One union or employee representative, and two employer representatives. (See 22.4).
(g) The Committee shall interview the applicant(s) and the employer as part of the process.
(h) Final decision on the appeal should be reached by consensus if possible.
(i) In the absence of consensus, the Committee shall determine the matter.
(j) If either party is not satisfied with the determination of the Committee, either party may refer the matter to the NSW Industrial Relations Commission for resolution. Such application shall be made within three weeks (21 days) from the date that the Committee determined the matter.
22.4 Composition of Committee:
(a) 1 union representative nominated by the Union, or other representative nominated by the employee.
(b) 1 employer representative from an industry wide panel established by employers. This person would not be nominated or employed by the employer involved in the appeal before the Committee.
(c) 1 employer representative of the applicant'(s) employer but not a person previously directly involved in the appeal. This person may be any nominee of the relevant employer internal or external.
23. Incremental Placement and Advancement
Incremental Placement:
23.1 Each employer shall classify each of their employees in accordance with Clause 19, Classifications of this award.
23.2 An employee shall be appointed to the first year of the appropriate Grade, with the following exceptions:
(a) Community Services Worker Grade 1 with a relevant post-secondary qualification of two or more full-time equivalent years shall be appointed at least at year 2 of the Grade;
(b) A Community Services Worker Grade 2 with a relevant post-secondary qualification of two or more full-time equivalent years shall be appointed at least at year 2 of the Grade;
(c) A Community Services Worker Grade 3 with a relevant degree or diploma of two or more years full-time equivalent shall be appointed at least year 2 of the Grade;
(d) A Coordinator or person required to supervise 10 or more employees other than Community Services Worker Grade 3 shall be appointed at least at year 3 of Grade 3.
Incremental Advancement:
23.3 Full time, Part time, and Fixed-Term employees shall move from level to level within a grade after each 12 months continuous service.
24. Higher Duties
24.1 An employee who is called upon by the employer to perform the duties of another employee in a higher classification under this Award for 38 consecutive rostered hours shall be paid for the days on which those duties are performed at a rate not less than the minimum rate prescribed for the higher classification provided that such claims be made by the employee within one month of the cessation of the performance of such duties.
24.2 Where a public holiday falls within a period referred to in 24.1, the public holiday shall be considered as time worked in the higher classification.
24.3 An employee required to perform the work of another employee shall not suffer any reduction in their wage.
24.4 The payment paid in 24.1 shall be considered to be the employee’s ordinary rate of pay for all purposes while ever the employee is in receipt of the higher duties payment.
25. Superannuation
25.1 An employer shall contribute to a superannuation fund as specified in 25.4 on behalf of each eligible employee, such superannuation contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 as amended from time to time.
25.2 Employers to Participate in Fund:
(a) An employer shall make application to the Fund as specified in 25.4 to become a participating employer in the Fund and shall become a participating employer upon acceptance by the Trustee of the Fund.
(b) An employer shall provide each employee who is not a member of the Fund with a membership application form upon commencement of employment.
(c) Each employee shall be required to complete the membership application and the employer shall forward the completed application to the Fund by the end of the calendar month of commencement of employment.
25.3 Additional Employee Superannuation Contributions:
(a) An employee may make contributions to the Fund as specified in 25.4 in addition to those made by the employer.
(b) An employee who wishes to make additional contributions must authorise the employer in writing to pay into the Fund, from the employee’s wages, a specified amount in accordance with the Fund trust deed and rules.
(c) An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within 14 days of receipt of the authorisation.
25.4 The "Fund" shall mean the Health Employees Superannuation Trust Australia or the Australian Superannuation Savings Employment Trust or any complying Fund.
26. Payment of Wages
26.1 The weekly rate of pay shall be the annual rate of pay divided by 52.14.
26.2 All wages shall be paid at least fortnightly by cash, cheque or electronic funds transfer, by agreement between the majority of employees and the employer. Provided that where an employer and employee agree, wages may be paid monthly.
26.3 Wages shall be paid during working hours on a weekday which is not more than (5) five days following the end of a pay period. The payday once selected shall not be changed without the agreement of a majority of the employees.
26.4 In the case of electronic funds transfer, wages shall be transferred to the nominated account by midnight on the nominated payday.
26.5 Upon termination, wages and any other monetary entitlement due to an employee shall be paid on the date of termination.
26.6 An employer may deduct from amounts due to an employee such amounts as authorised in writing by the employee and deductions of income tax required to be made to the Australian Taxation Office.
27. Time and Pay Records
27.1 In accordance with the provisions of the Industrial Relations Act 1996 every employer in the industry shall keep time and pay records relating to employees.
Note: Such records will usually be kept at the place where the business is carried on.
27.2 Such records shall be kept for a period of at least 6 years.
27.3 On pay days the employer shall provide each employee with a written statement showing the gross salary including overtime and allowances paid, the amount deducted for taxation purposes and particulars of other deductions made that have been part of the calculated net amount paid.
28. State Wage Case
28.1 The rates of pay in this Award include the adjustments payable under the State Wage case of May 2001. The adjustments may be offset against:
(a) Any equivalent overaward payments; and/or
(b) Award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
PART V - ALLOWANCES, AND AMENITIES
29. Sleepover Allowance
29.1 Sleepover means a continuous period of eight hours during which an employee is required to sleep at the workplace and be available to deal with any urgent situation which cannot be dealt with by another employee or be dealt with after the end of the sleepover period.
29.2 The employer shall take all reasonable steps to enable the employee to sleep on the premises including the provision of a bed with privacy. Access to a bathroom, toilet and a meal room shall be provided free of charge to the employee.
29.3 An employee shall only sleep over under the following conditions:
(a) There is an agreement between the employee and the employer with at least a week’s notice in advance, except in the case of an emergency; and
(b) a sleepover shall always consist of eight continuous hours.
29.4 The sleepover allowance is equivalent to three hours payment at the employee’s ordinary rate of pay. Such payment is compensation for the sleepover and for all necessary work up to two hours duration during the sleepover period. Any necessary work in excess of two hours during the sleepover period shall be compensated at overtime rates in addition to the sleepover allowance
29.5 An employee on a sleepover shall not be required to work more than eight hours before, after, or both before and after a sleepover, unless provision has been made at a workplace to work longer hours for the purpose of providing more continuous leisure time within the roster and this arrangement has the genuine agreement of the employees affected.
29.6 Where such an arrangement as outlined in subclause 29.5 is entered into the employer must ensure that the arrangement does not adversely affect the health and safety of the employees involved.
30. First Aid Allowance
30.1 An employee who holds a current first-aid certificate issued by the St. John Ambulance Association or Australian Red Cross Society or equivalent qualification and who is required by their employer to be available to perform first-aid duty at their workplace shall be paid an allowance as set out in Item 1 of Table 2 with a minimum payment of one day.
31. On Call Allowance
31.1 Employees may be required from time to time to be on call in order to maintain out of hours services.
31.2 Employees required to be on call shall be paid $15.00 per 24 hour period or part thereof.
31.3 Where employees are required to attend the workplace when on call the provisions of Clause 13, Call Back, apply.
32. Motor Vehicle Allowance
32.1 Where employees are required by their employer to use their motor vehicle in the course of their duty, they shall be paid an amount set out in Item 2 of Table 2 per kilometre travelled during such use.
33. Expenses
33.1 An employee required to stay away from home overnight shall be reimbursed the cost of pre-approved board, lodging and meals. Reasonable proof of expenses incurred is to be provided by the employee to the employer.
33.2 An employer shall reimburse all reasonable expenses, including the cost of telephone calls, necessarily incurred by an employee in carrying out their duties subject to reasonable proof of the expenses being incurred being supplied to the employer.
33.3 This Clause does not apply to employees who are engaged on sleepover at the employers premises.
34. Amenities
34.1 The employer shall provide reasonable toilet and washing facilities for the use of employees in each workplace.
34.2 The employer shall supply and maintain reasonable heating and cooling appliances for the safe and healthy functioning of the workplace.
34.3 The employer shall provide reasonable facilities for the taking of meals, including a table and chairs, boiling water, a refrigerator, a suitable place for the storing of utensils and supplies and a sink and running water.
34.4 The employer shall provide for employees a rest area well furnished.
34.5 The employer shall maintain all amenities in a safe and hygienic manner and to a reasonable standard.
PART VI - LEAVE
35. Sick Leave
35.1
(a) In the event of an employee becoming sick and unfit for duty and certified as such by a duly qualified medical practitioner, they shall be entitled to 76 hours leave on full pay for each year of service.
(b) For the purpose of this clause, illness shall include stress and mental ill health.
35.2 The employer may dispense with the requirements of a medical certificate where the absence does not exceed two consecutive days or where in the employer’s opinion circumstances are such not to warrant such requirement.
35.3 Each employee shall take all reasonably practicable steps to inform the employer of their inability to attend for work and as far as possible state the estimated duration of the absence. Where practicable such notice shall be given within 24 hours of the commencement of such absence.
35.4 If the full period of sick leave as described above is not taken in any year, such portion as is not taken shall be cumulative up to five years. There shall be no payment of portions of sick leave not taken on retirement or termination.
35.5 Where an employee has, in accordance with this clause, taken sick leave, the employee shall not be required to work any ordinary hours other than those previously rostered so as to avoid or minimise the requirement on an employer to provide paid sick leave.
36. Annual Leave
36.1 Full time and part-time employees shall be entitled to annual leave after each twelve months of continuous service.
36.2 Such annual leave shall be:
(a) if the employee is regularly rostered for duty over seven days of the week, five weeks with pay after each twelve months of continuous service.
(b) for all other full-time and part time employees, four weeks with pay after each twelve months of continuous service.
36.3 Fixed term employees engaged for more than 12 months are entitled to annual leave in accordance with 36.2. Fixed term employees engaged for less than 12 months are entitled to be paid annual leave on a pro rata basis at the end of their term of employment.
36.4 By mutual agreement between the employer and employee annual leave entitlements may be paid prior to taking such leave or in regular instalments on normal paydays during the period of such leave.
36.5 All other provisions of the Annual Holidays Act 1944 shall apply.
37. Annual Leave Loading
37.1 In this clause the Annual Holidays Act 1944 is referred to as "the Act".
37.2 Before an employee takes their annual leave they shall be paid the following in addition to their normal weekly pay (exclusive of shift penalties) for the period of annual leave taken:
Either:
(a) A loading of 17.5% of their normal weekly pay (exclusive of shift penalties); or
(b) The shift penalties pursuant to Clause 14, that the employee would have received for the period of leave taken had the employee not been on leave,
whichever is the greater amount.
37.3 The loading is payable in addition to the pay for the period of leave given and taken and due to the employee under the Act and this Award.
37.4 No loading is payable to an employee who takes annual leave wholly or partly in advance. Where an employee continues in employment until the day when they would have been entitled under the Act to annual leave then the loading calculated in accordance with 37.2 becomes payable for such leave taken wholly or partly in advance.
37.5 Where, in accordance with the Act, the employer’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees a loading as calculated in 37.2 will be paid to employees entitled to leave under the Act. Employees not entitled to leave under the Act shall be paid a proportion of the loading based on the period of completed weeks service prior to the close down divided by 52.
37.6 Where the employment of an employee is terminated for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of any annual leave to which they are entitled they shall be paid a loading calculated in accordance with 37.2 for such leave.
37.7 No loading is payable on the termination of an employee’s employment except as provided for in 37.6.
38. Long Service Leave
See Long Service Leave Act 1955.
39. Calculation of Continuous Service
See Long Service Leave Act 1955.
40. Public Holidays
40.1 For the purposes of this clause, the following shall be taken as public holidays on the days so gazetted: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day, or any holiday duly proclaimed and observed as a public holiday within the area in which the service is situated.
40.2 Gazetted public holidays shall be allowed to full time, part time and fixed term employees on full pay on those days on which they are normally required to work.
40.3 Where an employee who is not a shift worker is required to and does work on a public holiday, the employee shall:
(a) choose to be paid and in such case the employee would receive their ordinary pay for the day plus payment for actual time worked at single time; or
(b) choose to take the equivalent time off and in such case the employee would receive their ordinary pay for the day and the equivalent time off for the actual time worked; or
(c) subject to mutual agreement between the employee and the employer, aggregate the equivalent time off with annual leave entitlements.
40.4 Where an employee who is a shift worker and is required to and does work an ordinary rostered shift on a public holiday, the employee shall be paid double time and a half for such shift.
40.5 Where an employee, who is a shift worker whose shift includes a gazetted public holiday, who is then not required by the employer to work that gazetted public holiday, shall have a day added to their annual holidays, or be paid a days pay additional to their weekly wage.
41. Personal/Carer’s Leave
41.1 Use of Sick Leave:
(a) An employee with responsibilities in relation to a class of person set out in (c) (ii) who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to provide care and support for such persons when they are ill.
(b) The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care or support of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purpose of this paragraph:
1. "relative" means a person related by blood, marriage or affinity
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence.
41.2 Unpaid leave for family purpose:
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in 41.1 (c) (ii) above who is ill.
41.3 Annual leave:
(a) To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in single day periods in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in 41.3 (a) above, shall be exclusive of any shutdown period provided for elsewhere under this Award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single days absences, until at least five consecutive annual leave days are taken.
41.4 Time Off in lieu of payment for overtime:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(b) Overtime taken as time off during ordinary hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under subclause (a) above where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked under (a) above as an overtime payment or as time off work at the ordinary time rate of pay.
41.5 Make-up time:
An employee may elect, with the consent of their employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
41.6 Catholic Employers Personal Carers Leave:
Clause 41 of this Award shall not apply to employees of a body which has been established by the Catholic Church to propagate religion, who are covered by the Social and Community Services Catholic Personal Carer’s Leave (State) Award made on 10 December 1998 (as varied).
42. Bereavement Leave
42.1 An employee other than a casual employee shall be entitled to up to two days Bereavement Leave without deduction of pay on each occasion of the death of a person prescribed in 42.3 below.
42.2 The employee must notify the employer as soon as practicable of the intention to take Bereavement Leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
42.3 Bereavement Leave shall be available to the employee in respect of the death of a person in relation to whom the employee could have utilised Clause 41.1 Personal/Carer’s Leave, provided that for the purpose of Bereavement Leave, the employee need not have been responsible for the care of the person concerned.
42.4 An employee shall not be entitled to Bereavement Leave under this clause during any period in respect of which the employee has been granted other leave.
42.5 Bereavement Leave may be taken in conjunction with other leave available under 41.2, 41.3, 41.4 and 41.5. Where such other available leave is to be taken in conjunction with Bereavement Leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.
43. Parental Leave
See Industrial Relations Act 1996.
44. Leave Without Pay
44.1 On application by an employee, an employer may grant the employee leave without pay for any purpose.
45. Jury Service
45.1 A full-time, part-time or fixed term employee required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been on jury service.
45.2 An employee shall notify their employer as soon as possible of the date upon which they are required to attend for jury service. Further the employee shall give their employer documentary proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.
PART VII - GRIEVANCE AND DISPUTE SETTLING PROCEDURE, TERMINATION, ORGANISATIONAL CHANGE AND REDUNDANCY
46. Grievance and Dispute Settling Procedure
Any dispute or grievance arising in the workplace other than a dispute or grievance arising directly from an employer’s concern about an employee’s work performance or conduct shall be dealt with in the following manner:
(a) In the first instance, the employee shall attempt to resolve the grievance with their immediate supervisor or employer.
(b) In the event of failure to resolve the grievance or where a direct discussion between the employee and their immediate supervisor would be inappropriate, the employee may notify an accredited representative of the Union or other representative of their choice who shall confer with the appropriate supervisor and/or manager to organise a meeting.
(c) Any such meeting will be held as soon as possible after notification by the employee or their representative of the grievance or dispute or within a time frame agreed between both parties.
(d) While the above procedure is being followed work shall continue normally. No party shall be prejudiced as to the final settlement by the continuation of work.
(e) In the event of failure to resolve the grievance or dispute amicably between the parties, either party may refer the matter to the NSW Industrial Relations Commission.
47. Termination of Employment
47.1 Nothing in this clause shall prevent the summary dismissal of an employee for misconduct.
47.2
(a) Except for misconduct, justifying summary dismissal, the services of an employee shall be terminated by an employer only by notice as prescribed by the following:
|Years of Continuous Service |Notice Required |
|Not more than 1 years |at least one week |
|More than 1 but not more than 3 years |at least two weeks |
|More than 3 but not more than 5 years |at least three weeks |
|More than 5 years |at least four weeks |
(b) Where an employee is over 45 years of age they shall receive in addition to the above table, one week’s extra notice, provided the employee has had two years service.
(c) Nothing in this clause shall prevent the employer from giving payment in lieu of, and equal in value to, the period of notice in 47.2(a).
47.3 An employee may terminate their service by giving the employer two weeks notice or by forfeiture of two weeks pay in lieu of notice.
48. Organisational Change and Redundancy
48.1 Application:
(a) This clause shall apply in respect of full time and part time persons employed under this Award.
(b) In respect to employers who employ more than 15 employees immediately prior to the termination of employment of employees, in the terms of 48.4.
(c) Notwithstanding anything contained elsewhere in this Award, this clause shall not apply to employees with less than one year’s continuous service, and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.
(d) Notwithstanding anything contained elsewhere in this Award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to ordinary and customary turnover of labour.
48.2 Introduction of Change:
(a) Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union to which they belong.
(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.
Provided that where the Award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.
48.3 Employer’s duty to discuss change:
(a) The employer shall discuss with the employees affected and the Union, inter alia, the introduction of the changes referred to in 48.2(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.
(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 48.2(a).
(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the Union, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
48.4 Discussions before termination:
(a) Where an employer has made a definite decision that they no longer wish the job the employee has been doing to be done by anyone, pursuant to 48.2(a), and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the Union.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of 48.4(a) and shall cover any reasons for the proposed termination, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.
(c) For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the Union all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.
48.5 Notice for changes in production, program, organisation or structure:
This subclause sets out the provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure" in accordance with 48.2(a).
(a) In order to terminate the employment of an employee the employer shall give to the employee the following notice:
|Period of Continuous Service |Period of Notice |
|Less than 1 year |1 week |
|1 year and less than 3 years |2 weeks |
|3 years and less than 5 years |3 weeks |
|5 years and over |4 weeks |
(b) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.
(c) Payment in lieu of the notice above shall be made if the appropriate notice of period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
48.6 Notice for technological change:
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising "technologically" in accordance with 48.2(a).
(a) In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.
(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
48.7 Time off during the notice period:
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
48.8 Employee leaving during the notice period:
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause as those to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
48.9 Statement of employment:
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.
48.10 Notice to Centrelink:
Where a decision has been made to terminate the employment of employees, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
48.11 Employment Separation Certificate:
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.
48.12 Transfer to lower paid duties:
Where an employee is transferred to lower paid duties for reasons set out in 48.2(a), the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.
48.13 Severance Pay:
Where an employee is to be terminated pursuant to 48.4 of this clause, subject to further order of the NSW Industrial Relations Commission the employer shall pay the employee the following severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of Service |Under 45 Years of Age Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and over |16 weeks |
(b) Where an employee is 45 years or over, the entitlement shall be in accordance with the following scale:
|Years of Service |45 Years of Age and over Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and over |20 weeks |
(c) "Weeks Pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over-Award payments, shift penalties and allowance, paid in accordance with the Award.
48.14 Incapacity to Pay:
(a) Subject to an application by the employer and further order of the NSW Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in 48.13.
(b) The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in 48.13 will have on the employer.
48.15 Alternative employment:
Subject to an application by the employer and further order of the NSW Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in 48.13 if the employer obtains acceptable alternative employment for an employee.
PART VIII - MISCELLANEOUS PROVISIONS
49. Occupational Health and Safety
See Occupational Health and Safety Act 2000 (NSW).
50. Protective Clothing and Safety Equipment
50.1 Where an employer requires an employee to wear protective clothing or a uniform such protective clothing or uniform as is reasonably required shall be provided and, as necessary, repaired and replaced by the employer. Any issue of protective clothing or uniforms shall remain the property of the employer.
50.2 Where an employer provides safety equipment it shall be used by the employees.
50.3 Where an employer provides safety equipment the employer shall maintain such equipment to the required standard and where necessary replace such equipment.
51. Anti-Discrimination
51.1 It is the intention of the parties bound by this Award to seek to achieve the object in Section 3(f) of the Industrial Relations Act 1996, to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibility as a carer.
51.2 Accordingly, in fulfilling their obligations under the dispute resolution procedure, the parties must take all reasonable steps to ensure that neither the Award provisions nor their operation are directly or indirectly discriminatory in their effects.
51.3 Under the Anti-Discrimination Act 1997 it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
51.4 Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation,
(b) offering or providing junior rates of pay to persons under 21 years of age,
(c) any act or practice of a body established to propagate religion which is exempted under 56(d) of the Anti-Discrimination Act 1977,
(d) a party to this Award from pursing matters of unlawful discrimination in any state or federal jurisdiction.
NOTE:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation
(b) Section 56(d) of the Anti-Discrimination Act 1977 states:
"Nothing in the Act affects ..... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".
(c) This clause is not intended to create legal rights.
52. Employee's Indemnity
Employers shall be responsible in accordance with the Employees' Liability Act 1991 to indemnify employees against liability for fault (as defined in that Act) arising out of the performance of work by the employee.
53. Posting of Award
A copy of this Award shall be kept at each workplace, where it is available to all employees.
54. Union Notices
An accessible space for Union notices shall be provided by the employer.
55. Right of Entry By Union
See Industrial Relations Act 1996.
56. Labour Flexibility
An employer may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training.
57. General Savings
Nothing in this Award shall be deemed or construed to reduce the wages and/or conditions to which any employee may have been entitled prior to the making of the Social and Community Services Employees (State) Award 15 May 1991.
58. Area, Incidence and Duration
58.1 Except as provided for in subclauses 58.2 to 58.7 of this clause, this Award shall be binding on the industry of persons employed in or in connection with the industry of social and/or welfare work in the State of New South Wales, whether as employers or as employees and whether members of a registered association or not.
58.2 This Award shall not be binding on persons eligible to be members of The Federated Miscellaneous Worker’s Union of Australia, New South Wales Branch, as at 20 September 1986 provided that this exclusion will not apply, to the extent it might otherwise, to persons employed: as coordinators in a multi-purpose neighbourhood centre that encompasses a child care facility; in residential child care services providing welfare and social support in a residential setting (including family group homes or institutional care for children) where such services are distinct from :
(a) sessional care to pre-school children, long day care, extended hours care or 24-hour care;
(b) before and after school care;
(c) playgroups;
(d) occasional care;
(e) vacation care;
(f) multi-purpose child care;
as community development workers; in family counselling and support services; in women’s and youth refuges; as Family Day Care Coordinators and Family Day Care Child Development Officers.
58.3 This Award shall not apply to persons eligible for membership of the Public Service Association of New South Wales and who are employed:
(a) pursuant to the provisions of :
(i) the Public Sector Management Act 1988; or
(ii) the Health Administration Act 1982; or
(iii) the Area Health Services Act 1986; or
(iv) any Act replacing the said Acts; or
(b)
(i) in or by any Department, body, organisation or group within the terms of the Public Sector Management Act 1988 or any Act replacing that Act, irrespective of whether it remains or continues to be a Department, body, organisation or group in terms of the said Act; or
(ii) in or by any Declared Authority within Schedule 3 of the Public Sector Management Act 1988 irrespective of whether it remains or continues to be a Declared Authority in terms of the said Act; or
(iii) as a ministerial employee; or
(iv) by Ministers of the Crown in the right of the State of New South Wales or in the offices of such Ministers; or
(v) by the Electricity Commission of N.S.W.; or
(vi) by the Roads and Traffic Authority; or
(vii) by the Homebush Abattoir Corporation; or
(viii) by hospitals included in the 2nd, 3rd or 5th schedule of the Public Hospitals Act 1929 or any Act replacing it, by public hospitals or by public dental clinics; or
(ix) by colleges of advanced education; or
(x) by any university; or
(xi) in or by the Legislative Assembly and/or Legislative Council of the State of New South Wales; or
(xii) by the New South Wales Egg Corporation; or
(xiii) by the New South Wales Education Commission or its agents; or
(xiv) by any person as an Associate to a Justice; or
(xv) at the Sexually Transmitted Diseases Clinic and the Medical Examination and Immunisation Centre; or
(xvi) in or by:
The Drug and Alcohol Authority;
New South Wales State Cancer Council;
The United Hospitals Auxiliary;
The Institute of Psychiatry; or
(xvii) in or in connection with the administration of any body (whether incorporated or unincorporated) established for the purpose of registering persons for the practice of any profession, calling or vocation in the State of New South Wales; or
(xviii) In or in connection with the provision of medical services in penal or like establishments deemed or proclaimed to be a prison under the Prisons Act 1952, or any Act replacing the said Act; or
(xix) by an employer or at any place of employment replacing any of the foregoing employers or places of employment, as the case may be; or
(c) by any organisations registered or exempt from registration under the Charitable Collections Act 1934, who are graduates or graduands of a recognised university or who hold a diploma of a recognised body and are engaged in any of the following callings or vocations whether as principal or assistant employees or employees in training:
Bacteriologist, Pathologist, Medical Scientist, Scientific Officer, Bio-Medical Engineer, Physician Surgeon, Dental Scientist, Dentist, Optometrist, Oculist, Audiologist, Speech Therapist, Occupational Therapist, Music Therapist, Dietitian, Physiotherapist, Chiropodist (or Podiatrist), or Remedial Gymnast, together with such other employees who are engaged or usually engaged in the callings or vocations of Chiropodist (or Podiatrist) or Remedial Gymnast, whether as principal or assistant employees or as employees in training who hold a certificate of a technical college or of any institution deemed by the employer to be of a similar standing; or
(d) in regional offices of any Department of State or corporation or body established by statute administering or providing health services in the State of New South Wales including such persons whose employment fulfils a function of a regional nature but who, due to the nature of their duties, are not employed within the precincts of that office, and in or by area or community health services (howsoever called) where these area or community health services have replaced services carried on or provided by a person or body referred to in paragraph (B) of this subclause; or
(e) by the Home Care Service of New South Wales; or
(f) persons employed in classifications within the jurisdiction of the Private Hospital (Professional Employees) (State) Industrial Committee; persons in classifications defined by the Private Hospital and Nursing Home (Professional Employees) (State) Award; persons in classifications defined by the Charitable Institutions (Professional - Paramedical Staff) (State) Award; persons in classifications defined by the Charitable Institutions (Medical Officers) (State) Award and persons in classifications defined by the Charitable Institutions (Professional Staff Social Workers) Award or any awards replacing these awards.
58.4 This Award shall not be binding on persons eligible for membership of The Health and Research Employees’ Association of New South Wales who are employed by the employing authority for each of the following: hospitals, mental hospitals, hospital dispensaries, medical schools, laboratories, colleges, industrial and other similar homes, ambulance work (including first-aid work), general nursing, reception homes, sanatoria, rest homes which are wholly or partly controlled by the Board of Health, non-residential special schools and the universities; or persons eligible for membership of The Health and Research Employees’ Association of New South Wales who are employed by a public charitable institution that owns, manages and/or conducts homes, institutions, hostels, nursing homes, hospitals, rehabilitation facilities, community day-care centres and/or provides domiciliary services for care of the aged or for the care of the physically or mentally or developmentally disabled. Provided that this exclusion will not apply to persons substantially engaged in counselling, social welfare advice and referral, assessment of disability, design of disability services programs, or community development work in connection with services for the disabled or social workers or social educators properly so called; provided this exclusion applies to residential care workers and persons primarily engaged in supervising the work performed by disabled persons or in domestic duties in Sheltered Workshops for the disabled.
58.5 This Award shall not apply to persons employed by:
Ashton House, Maroubra Junction;
Ferguson Lodge, Lidcombe;
Foundation for Disabled, Llandilo;
Greystanes Children Home, Leura;
Handicapped Children’s Centre, Kirrawee;
Illawarra Society for Cripple Children;
Inala, Pennant Hills;
Kurinda Residential Services, Seven Hills;
Lonsdale House Hostel;
Lorna Hodgkinson Sunshine Home, Gore Hill;
Mannix Children’s Centre, Liverpool;
Multiple Sclerosis Society of NSW, Lidcombe;
Newcastle & District Association for Crippled Children;
NSW Society for Young Adults and Children with Physical Disabilities,
Beverley Park, Tamworth and Wagga;
Richmond Fellowship of NSW at Glebe;
Royal Far West Children’s Health Service & Services for the Aged;
Stewart House, Curl Curl;
Sunnyfield Association, Allambie Heights;
Whitehall Children’s Home, Revesby;
Spastic Centre of New South Wales;
Royal New South Wales Institute for Deaf and Blind Children.
58.6 This Award shall not apply to persons engaged in any clerical capacity, including those engaged in the occupation of shorthand writers and typists and/or in calculating, billing and/or other machines designed to perform or assist in performing any clerical work whatsoever, and/or including telephonists and persons employed as canvassers (other than canvassers for the sale of goods) and/or collectors and clear-out men.
58.7 This Award shall not be binding on persons employed in the provision of Family Day Care services funded pursuant to the Australian Government’s Children’s Services Program.
58.8
(a) This Award rescinds and replaces the Social and Community Services Employees (State) Award published 21 February 1992 (268 I.G. 225) and the reviewed award published 23 November 2001 (329 I.G. 833) and shall commence from the beginning of the first pay period to commence on or after 28 November 2001 and expire on 28 February 2003 provided that the pay and conditions (other than the rates of pay for classifications Community Services Worker Grade 1 to Community Services Worker Grade 4) contained in the Social and Community Services Employees (State) (Interim) Award published 17 August 1991 (258 I.G. 283) (the "1991 Award" later rescinded and replaced by the award published 21 February 1992) shall remain in force until the beginning of the first pay period commencing on or after 12 December 2001.
(b) The rates of pay for the classifications of Community Services Worker Grade 1 to Community Services Worker Grade 4 in Table 1 shall be paid from the commencement of this award whilst all other alterations to pay and conditions shall apply from the first pay period to commence on or after 12 December 2001.
PART IX - MONETARY RATES
Table 1 - Rates of Pay
|Community Services Worker Grade 1 |
|Per Annum |Weekly |Hourly |
|Year 1 |22,700 |435.36 |11.46 |
|Year 2 |23,700 |454.55 |11.96 |
|Year 3 |24,700 |473.72 |12.47 |
|Community Services Worker Grade 2 |
|Per Annum |Weekly |Hourly |
|Year 1 |26,500 |508.25 |13.37 |
|Year 2 |27,800 |533.18 |14.03 |
|Year 3 |29,100 |558.11 |14.69 |
|Year 4 |30,500 |584.96 |15.39 |
|Community Services Worker Grade 3 |
|Per Annum |Weekly |Hourly |
|Year 1 |31,700 |607.98 |16.00 |
|Year 2 |33,000 |632.91 |16.66 |
|Year 3 |34,300 |657.84 |17.31 |
|Year 4 |35,600 |682.78 |17.97 |
|Year 5 |37,000 |709.63 |18.67 |
|Community Services Worker Grade 4 |
|Per Annum |Weekly |Hourly |
|Year 1 |38,200 |732.64 |19.28 |
|Year 2 |39,400 |755.66 |19.89 |
|Year 3 |40,600 |778.67 |20.49 |
|Year 4 |41,800 |801.69 |21.10 |
| |
|The rates of pay for Community Services Worker Grade 5 and Community Services Worker Grade 6 shall apply from first pay period to |
|commence on or after 28 May 2002. |
|Community Services Worker Grade 5 |
|Per Annum |Weekly |Hourly |
|Year 1 |43,000 |824.70 |21.70 |
|Year 2 |45,000 |863.06 |22.71 |
|Community Services Worker Grade 6 |
|Per Annum |Weekly |Hourly |
|Year 1 |49,000 |939.78 |24.73 |
|Year 2 |52,000 |997.31 |26.26 |
Table 2 - Allowances
|Clause No. |Brief Description |Amount |
| | | |
|30.1 |First Aid |$6.71 per week |
| | |$1.34 per day |
|32.1 |Motor Vehicle Allowance |46 cents per km. |
Table 3 - Translation
Employees engaged under the four level structure of the Social and Community Services Employees (State) (Interim) Award 1991 will transfer across to the first four levels of the new structure in the following manner.
|Old Classification |New Classification |
|SWA, Year 1 becomes |Community Services Worker Grade 1, Year 1 |
|SWA, Year 2 becomes |Community Services Worker Grade 1, Year 2 |
|SWA, Year 3 becomes |Community Services Worker Grade 1, Year 3 |
|SWW Cat 1, Yr 1 becomes |Community Services Worker Grade 2, Year 1 |
|SWW Cat 1, Yr 2 becomes |Community Services Worker Grade 2, Year 2 |
|SWW Cat 1, Yr 3 becomes |Community Services Worker Grade 2, Year 3 |
|SWW Cat 1, Yr 4 becomes |Community Services Worker Grade 2, Year 4 |
|SWW Cat 2, Yr 1 becomes |Community Services Worker Grade 3, Year 1 |
|SWW Cat 2, Yr 2 becomes |Community Services Worker Grade 3, Year 2 |
|SWW Cat 2, Yr 3 becomes |Community Services Worker Grade 3, Year 3 |
|SWW Cat 2, Yr 4 becomes |Community Services Worker Grade 3, Year 4 |
|SWW Cat 2, Yr 5 becomes |Community Services Worker Grade 3, Year 5 |
|SWW Cat 3, Yr 1 becomes |Community Services Worker Grade 4, Year 1 |
|SWW Cat 3, Yr 2 becomes |Community Services Worker Grade 4, Year 2 |
|SWW Cat 3, Yr 3 becomes |Community Services Worker Grade 4, Year 3 |
|SWW Cat 3, Yr 4 becomes |Community Services Worker Grade 4, Year 4 |
(SWA = Social Welfare Assistant and SWW = Social Welfare Worker)
Translation to Community Services Worker Grades 5 and Grade 6 to be developed and to become operative from 28 May 2002.
F. L. WRIGHT J, President.
J. P. GRAYSON D.P.
J. McLEAY, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1622) |SERIAL C1162 |
HEALTH AND COMMUNITY EMPLOYEES PSYCHOLOGISTS (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by The Health and Research Employees' Association of New South Wales, industrial organisation of employees.
(No. IRC 3376 of 1998)
|Before The Honourable Justice Wright, President |29 November 2001 |
|The Honourable Mr Justice Hungerford | |
|Mr Deputy President Sams | |
|Commissioner McKenna | |
AWARD
Arrangement
Clause No. Subject Matter
4. Area, Incidence and Duration
2. Classifications
3. Conditions Of Employment
1. Definitions
PART B
Table 1 - Salary Rates
1. Definitions
"Association" means the Health and Research Employees’ Association of New South Wales.
"Corporation" means the Health Administration Corporation of New South Wales.
"Employer" means the Health Administration Corporation of New South Wales, Health Service or Hospital.
"Employee" means a person employed in the New South Wales Health Service, as defined in S. 16 of the Health Services Act 1997.
"Psychologist in Training" means an employee with a four year degree in psychology, being a three year degree with a fourth year honours in psychology; or who has qualifications deemed equivalent by the Health Administration Corporation of New South Wales, and who is eligible for conditional registration with the NSW Psychologists Registration Board. Such employees will be provided with appropriate supervision to enable the employee to attain registration with the NSW Psychologists Registration Board as a Psychologist.
2. Classifications
"Psychologist"
(i) Characteristics and General Features of Duties:
Graduate psychologists are trained in the independent application of existing treatment techniques and assessment procedures; psychometric testing (eg intelligence, personality, vocational); psychological counselling; and the formulation/ provision of psychological reports. The focus on the "Psychologist" and "Senior Psychologist" stream in the classification structure is a concern with assessment and intervention/treatment for a range of behavioural and emotional disorders.
Duties for Psychologists (with three or more years post-registration experience) may include supervision of Psychologists for registration purposes.
(ii) Academic and Registration Requirements
An employee with a four year degree in psychology, being a three year degree with a fourth year honours in psychology; or who has qualifications deemed equivalent by the Health Administration Corporation of New South Wales, and who is eligible for conditional registration as a psychologist-in-training with the NSW Psychologists Registration Board.
A psychologist-in-training shall commence at year 1 of the scale for Psychologist.
Provided that where a psychologist has already met the criteria for full registration, and is registered in accordance with the Psychologists Act 2001, they shall commence at year 3 of the scale for Psychologist.
Provided further that until such time as a psychologist has met the criteria for full registration and is registered in accordance with the Psychologists Act 2001, the employee shall not progress past the salary rate applying for Psychologist 2nd year of service.
"Senior Psychologist"
(i) Characteristics and General Features of Duties:
Employees at this classification possess a high degree of experience as a Psychologist, with breadth and depth of experience in psychological methods and the provision of psychological services. The Senior Psychologist is able to provide a psychology service with the attribute of initiative, and to exercise independent judgment.
The general duties are as detailed for Psychologist, and in addition:
(a) clinical supervision of Psychologists;
(b) provision of psychological assessment and interventions involving adaptive utilisation of psychological principles and methods, including evaluation where appropriate;
(c) administrative duties, including but not limited to:
(1) coordination of clinical activities of a service; and
(2) significant involvement in service planning and policy.
(ii) Academic and Registration Requirements:
An employee with a four year degree in psychology, being a three year degree with a fourth year honours in psychology; or who has qualifications deemed equivalent by the Health Administration Corporation of New South Wales, and who is registered as a psychologist with the NSW Psychologists Registration Board.
Employees appointed at the Senior Psychologist level shall satisfy the criteria for the Psychologist classification, and have completed a minimum of one year at the 9th year of service and thereafter point on the salary scale for Psychologist. Employees appointed to this classification shall demonstrate to the satisfaction of the Health Service by their work performed and the results achieved, together with their aptitude, abilities and other attributes, that appointment at this level is warranted on merit.
Provided that, in the case of employees in receipt of either of the two allowances payable to a Psychologist demonstrating satisfaction of the specified conditions after completing 12 months service at the salary prescribed for the maximum of that scale, and after 12 months in receipt of such first allowance as at 29 November 2001, (being date of Decision in Matter No IRC 3376 of 1998) such employees shall be translated across to the first or second year of service salary point for Senior Psychologist (as applicable), and classified as such.
"Clinical Psychologist"
(i) Characteristics and General Features of Duties:
The focus of the clinical psychologist is towards mental and other health disorders in a clinical setting. In discharging the functions of this classification, the Clinical Psychologist exercises independent judgment concerning the selection and application of principles, methods and techniques of psychological assessment and/ or treatment.
A Clinical Psychologist shall be capable of undertaking all activities performed by psychologists, detailed for the classifications of "Psychologist" and "Senior Psychologist" as described above, together with activities that require specialist psychological interventions involving the adaptive utilisation of psychological knowledge and principles in the assessment and treatment of a range of health disorders.
The appropriate discharge of duties and demonstration of competence at this level is in consequence of an understanding of theories and techniques which enable the employee to supervise psychologists; assess and diagnose psychological problems and disorders; and design and implement appropriate psychological procedures.
Subject to satisfactory performance, Psychologists who meet the academic requirements outlined below shall be reclassified as Clinical Psychologist.
(ii) Academic and Registration Requirements:
A psychologist with a post-graduate degree at the masters level or higher in a specialist clinical area in psychology (Clinical Psychology, Clinical Neuropsychology or such other speciality in psychology that the Health Service deems relevant to the functions of the position), that is of no less than two years full time duration or its equivalent.
Employees with a three year Clinical Doctorate (or equivalent) or a Doctorate of Philosophy (PhD) shall enter the classification at year 2 of the scale.
Employees entering this classification from the classifications of Psychologist or Senior Psychologist shall enter at the salary point for this classification that is above the salary point previously applying as Psychologist or Senior Psychologist.
"Senior Clinical Psychologist"
(i) Characteristics and General Features of Duties:
A Clinical Psychologist may, after not less than the completion of 12 months service at the 5th year of service and thereafter rate, make written application to their Health Service for progression to the classification of Senior Clinical Psychologist. The application shall comprehend, but not be limited to detailing current direct treatment responsibilities and duties discharged; together with provision of treatment consultation, supervision and training; and relevant documentary support material.
The relevant Health Service may also establish such positions of Senior Clinical Psychologist that it deems appropriate, from time to time.
Employees that are successful in their application for progression to Senior Clinical Psychologist shall commence on the 1st year of service rate for the classification.
Employees classified as Senior Clinical Psychologist shall discharge the clinical duties as described for Clinical Psychologist above, and in addition, two or more of the following:
(a) Administrative duties, which may include:
(1) responsibility for overall service planning and policy;
(2) other supra-clinical duties involving responsibility for service provision; and
(3) responsibility for professional functioning of Psychologists and Clinical Psychologists;
(b) Consultation, involving:
(1) the provision of consultation with other psychologists or with other professional bodies and organisations (e.g. other government agencies) regarding psychological services and/ or development of policies and procedures in areas requiring specialist psychological knowledge; and
(2) developing protocols for individual and group treatment programs and making available to other health professionals. Developing assessment procedures for clinical decision making;
(c) Research and Evaluation, involving:
(1) research, where the psychologist has taken responsibility as principal researcher for the design, implementation and reporting of psychological research; and
(2) evaluation, where the psychologist makes a major contribution to setting up evaluation systems for programs and services and major quality improvement projects;
(d) Clinical expertise, requiring:
(1) higher level knowledge and experience in a specific area e.g. tertiary referral service, manifest in the level of competence, initiative, innovation, responsibility and professional recognition of the employee; and
(2) developing and extending applications of assessment and treatment methods;
(e) Training, involving:
(1) the training of psychologists or other health professionals in a range of areas, that may include specialist psychological skills;
(2) contributing to training for supervisors of psychological services; and
(3) developing and implementing training programs
"Principal Clinical Psychologist"
(i) Characteristics and General Features of Duties:
Appointment to this classification shall be through competitive selection and assessment on the basis of merit to fill an advertised vacancy; personal progression of an employee is not available for appointment to this level.
It is envisaged appointments to this level would be made from Senior Clinical Psychologists that have substantial knowledge, skills and experience at that level; be able to demonstrate significant expertise in the delivery of psychological services; and is a recognised leader in their clinical field and has contributed to the body of psychological knowledge, and/ or the development and education of psychologists within the field.
Clinical and other duties shall be as detailed above for Senior Clinical Psychologist, and in addition one or more of the following:
(a) Administrative and Policy duties, which may include:
(1) providing advice to Health Services and/or liaising between different Health Services on the development and provision of psychological services;
(2) acting as a Senior Consultant for government or other agencies; and
(3) providing policy advice on human and psychological services at Ministerial level;
(b) Psychological Research of a significant nature and demonstrating ongoing involvement, which may include:
(1) a significant number of research publications with the Principal Clinical Psychologist as primary author, and which have been published in respected peer reviewed journals. It would be expected that a significant proportion of these publications had been achieved since attaining specialist qualifications; and
(2) presentation of papers, which may include psychological research or issues of clinical development, at major professional conferences and seminars;
(c) Teaching duties of a significant nature, which may include:
(1) having a university appointment that includes active involvement in the teaching of psychology at the postgraduate level, and may also include teaching of undergraduates; and
(2) teaching specialised clinical skills to other psychologists and/ or students;
(d) Advisory, with the Principal Clinical Psychologist:
(1) operating in a senior advisory role to the Health Service and developing systems to ensure a high level of professional functioning of psychologists in that Health Service, such as organising regular continued professional development for Psychologists, maintaining and enhancing professional ethics and conduct, supporting NSW Health Department objectives via evidence based methods and evaluation; and
(2) teaching specialised clinical skills to other psychologists and/ or students;
3. Conditions of Employment
The conditions of employment for employees covered by this award shall be as prescribed by the Public Hospitals (Professional and Associated Staff) Conditions of Employment (State) Award.
4. Area, Incidence and Duration
(i) This award shall apply to those employees covered by the classifications detailed in clause 1, Definitions, of this award, and who are employed in public hospitals and health services in the State.
(ii) The salary rates in Table 1 of Part B of this award rescind and replace the monetary rates and allowances specified for Psychologists in the Health Professional and Medical Salaries (State) Award.
(iii) This award shall take effect from the first full pay period to commence on or after 1 December 2001 and shall remain in force thereafter for a period of two years.
PART B
TABLE 1 - MONETARY RATES
|Classification |Rate at |Rate at |Rate at |Rate at |
| |1.12.2001 |1.1.2002 |1.1.2003 |1.7.2003 |
| | |3% |4% |5% |
| |$ |$ |$ |$ |
|Psychologist | | | | |
|1st year of service |37,000 |38,110 |39,634 |41,616 |
|2nd year of service |39,000 |40,170 |41,777 |43,866 |
|3rd year of service |41,000 |42,230 |43,919 |46,115 |
|4th year of service |43,500 |44,805 |46,597 |48,927 |
|5th year of service |46,000 |47,380 |49,275 |51,739 |
|6th year of service |48,500 |49,955 |51,953 |54,551 |
|7th year of service |51,000 |52,530 |54,631 |57,363 |
|8th year of service |53,000 |54,590 |56,774 |59,613 |
|9th year of service & thereafter |55,000 |56,650 |58,916 |61,862 |
| | | | | |
|Senior Psychologist | | | | |
|1st year of service |58,000 |59,740 |62,130 |65,237 |
|2nd year of service |60,500 |62,315 |64,808 |68,048 |
|3rd year of service & thereafter |63,000 |64,890 |67,486 |70,860 |
| | | | | |
|Clinical Psychologist | | | | |
|1st year of service |53,000 |54,590 |56,774 |59,613 |
|2nd year of service |56,000 |57,680 |59,987 |62,986 |
|3rd year of service |59,000 |60,770 |63,201 |66,361 |
|4th year of service |62,000 |63,860 |66,414 |69,735 |
|5th year of service and thereafter |65,000 |66,950 |69,628 |73,109 |
| | | | | |
|Senior Clinical Psychologist | | | | |
|1st year of service |68,000 |70,040 |72,842 |76,484 |
|2nd year of service |70,000 |72,100 |74,984 |78,733 |
|3rd year of service & thereafter |72,000 |74,160 |77,126 |80,982 |
| | | | | |
|Principal Clinical Psychologist | | | | |
|1st year of service and thereafter |82,000 |84,460 |87,838 |92,230 |
|Part-time Senior Clinical Psychologist (Applicable only to staff employed prior to 30 June 1993 (see DOH Circular 93/58 |
|Per Hour |43.37 |44.67 |46.46 |48.78 |
F. L. WRIGHT J, President.
B. C. HUNGERFORD J.
P. J. SAMS D.P.
D. S. McKENNA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1261) |SERIAL C0963 |
COM 10 PTY LTD ENTERPRISE AWARD 1998
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 956 of 2001)
|Before the Honourable Justice Kavanagh |12 June 2001 |
REVIEWED AWARD
Arrangement
Clause No. Subject Matter
1. Statement of Intent
2. Productivity and Workplace Reform
3. Area, Incidence and Duration
4. Definitions
5. Travel and Expenses
6. Tools
7. Wage Rates
8. Payment of Wages
Section I - General
Section II - Payment Systems
9. Contract of Employment
Section I - Weekly Employment
Section II - Casual Employment
Section III - General
Section IV - AWA’s Excluded
10. Redundancy and Technological Change
11. Special Rates
Section I - Disability Rates
Section II - General
Section III - Accident & Sickness Insurance
12. Hours of Work - Day Workers
13. Overtime
14. Holiday and Sunday Work
Section I - Holidays
Section I - Picnic Day
Section III - Sundays
Section IV - General
15. Shift Work
16. Sick Leave
17. Carers/Family Leave
18. Annual Leave
19. Other Leave
20. Shop Stewards
21. Notice Board
22. Amenities
23. First Aid
24. Miscellaneous Provisions
25. Working Within Skills Competency and Training
26. Grievance and Dispute Resolution Procedures
27. Leave Reserved
28. No Extra Claims
29. Anti-Discrimination
Annexures
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Process for Re-Classification
1. Statement of Intent
This Award has been reached through consultation and reflects an ongoing commitment to implement change via consultation.
The aim of this Award is to promote real gains in productivity, efficiency, flexibility and co-operation in the workplace. It also aims to facilitate continued progress on restructuring and training initiatives.
The parties recognise the necessity of adopting a consultative and participative approach to workplace reform in order to achieve genuine change in the industrial culture at all levels within the organisation.
This Award reflects the parties’ commitment to the following:
work as a team to enhance the quality of working life for all employees by ensuring profitable, efficient and ongoing operations of the business.
accept and adopt the philosophy and practice of ‘continuous improvement’
enhance employee job satisfaction and provide competitive benefits and reward systems that recognise employee contributions to the success of the business.
develop and maintain a company culture based on trust and caring, that encourages teamwork, employee involvement, and an innovative work approach to the way the business is run.
undertake continuous training and development in order to create a highly competent and flexible workforce who is capable of moving with changes that occur in the workplace and in the business.
at we acknowledge the need to become further multi-skilled ensuring all employees are prepared to undertake a broad range of jobs, independent of status, function or position, provided that the work is within the employees’ ability and can be performed safely.
maintain a safe working environment.
undertake continuous monitoring of the implementation of the classification structure outlined in Appendix B - Wage Group Classifications.
The parties acknowledge the benefits of a productive, stable and harmonious workplace culture. Both the company and the Electrical Trades Union of Australia, New South Wales Branch, will play a pivotal role in ensuring that workplace issues are addressed in the most efficient manner so as to prevent grievances arising. Where grievances arise, Clause 26, Grievance and Dispute Resolution Procedures, will be the appropriate mechanism employed.
2. Change, Workplace Reform and the Consultative Committee
(1) Change and Workplace Reform:
To facilitate and monitor the change and workplace reform process the Parties have established a Consultative Committee to consult closely on key issues and developments essential to the implementation of this Award and ongoing business and workplace reform matters.
Specifically as part of the workplace reform process, the Parties are committed to and have agreed during the term of this Award to:
(i) investigate and if appropriate introduce self-directed work teams after appropriate training has been provided;
(ii) review the current classification structure with a view to developing a skills based structure specifically designed to reflect the business requirements of the Company and employees and linking this structure to industry developed competencies;
(iii) attempt to develop and introduce more comprehensive training for all employees to access and utilise to further enhance skill development (as part of a move to introduce to competency based training). Such training would be ongoing but would be scheduled to meet the production requirements of the Company and to this end would be concentrated in times of low labour demand;
(iv) examine and if appropriate introduce other methods by which to achieve continuous improvements in productivity and efficiency and ways in which employees may share in these gains.
(2) Consultative Committee:
(a) Formation:
The Parties have established a Consultative Committee to consult closely on key issues and developments essential to the implementation of this Award and ongoing business and workplace reform matters. The Consultative Committees is comprised of management, union and elected employee representatives (from both the Revesby and Regents Park sites) and shall continue to meet regularly to assist in improving communication between the parties.
Specifically the Com-10 Consultative Committee was formed in April 1997 and underwent two days of training at the Company’s expense on 6 and 7 May 1997.
The Union was invited and attended such training.
Since April 1997 the Committee has met regularly and has been instrumental in the development of the workplace and resolving a range of workplace issues.
(b) Role:
The role of the Consultative Committee is:
(i) To improve communication and understanding between management, union and employees.
(ii) To create a pleasant, safe and secure working environment.
(iii) To assist the company in producing and promoting a high quality product to meet customer needs.
(iv) To assist in increasing productivity, efficiency and flexibility.
(v) To facilitate the development and implementation of future enterprise awards and to monitor their progress
(c) Election and composition:
(i) The committee is compromised of at least six (6) members representing the employees and two (2) members representing management. The representatives are drawn from both the Regents Park and Revesby sites and are selected in an attempt to ensure that all work groups, shifts and minority groups are fairly represented on the Consultative Committee.
(ii) Employee representatives are elected from each work area in the following manner:
Representatives must spend the majority of their working time as members of that work area;
Each candidate shall be nominated by at least one employee and shall accept nomination;
Staggered re-elections will be held, as a minimum every two years;
A vacancy will be filled until the next election by the alternate elected representative;
Vacancies shall be filled by the above procedure. Candidates are to be nominated from the department in which the vacancy exists.
The Union is represented on the Committee by union members, union delegates and/or a union official.
The Chairperson is elected by the Committee and will rotate between a management representative and an employee representative every six months.
The Secretary is appointed by the Committee.
(d) Functioning:
(i) All decisions are based on consultation rather than negotiation and are made by way of consensus of the Committee.
(ii) Wherever an industrial issue becomes one of potential disputation such an issue will be resolved in accordance with Clause 26 "Grievance and Dispute Resolution Procedures".
(iii) If no Committee representative has the responsibility to implement the decision, the committee's decision is a recommendation to management.
(iv) Committee meetings are held at least once a month.
3. Area, Incidence and Duration
(a) This award shall apply to all apprentices to trades declared for the purposes of the Industrial and Commercial Training Act 1989 by the Industrial and Commercial Training (Declared Trades and Declared Callings) Orders, 1989 and to all other classes of employees of COM 10 Pty Ltd as defined in Part B - Wage Group Classification.
(b) This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the Com10 Pty Ltd Enterprise Award 1998 published 14 July 2000 (317 I.G. 120), in relation to employees of COM 10 Pty Ltd.
(c) The award published 14 July 2000 took effect from the beginning of the first full pay period commencing on or after March 1998.
(d) The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect on and from 12 June 2001.
(e) The award remains in force until varied or rescinded, the period for which it was made having already expired.
4. Definitions
(i) Wage Group Classification - See Appendix B.
(ii) Leading Hand - See Table 2 - Other Rates and Allowances of Part B, Monetary Rates.
(iii) Apprentices - See Table 1 - Rates of Pay, of Part B, Monetary Rates.
(iv) "Union" means the Electrical Trades Union of Australia, New South Wales Branch.
(v) "Employer" or "Company" means Com 10 Pty Ltd.
5. Travel and Expenses
(i) General Conditions:
(a) Commencing on Job - An employee required to work at a job away from his/her workshop or depot shall, at the direction of his/her employer, present himself/herself for work at such job at the usual time of starting work.
(b) Location of Workshop or Depot - Upon the commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the location of the employee's workshop or depot and such location shall be recorded in the employee's wages record and/or service record:
Provided that if it becomes necessary for the location of the workshop or depot to be changed, the employer shall give the employee not less than 14 days notice of such change.
(c) Transportation - The employer shall provide or arrange transport where reasonable and necessary for travelling as follows:
(i) between jobs; and
(ii) between the employee's workshop or depot and jobs.
(ii) Travel:
(a) Travelling Time - For the purpose of this clause all time reasonably spent in travelling shall be travelling time.
(b) Excess Travelling Time - For the purpose of this clause excess travelling time is all time reasonably spent by an employee in travelling to or from a job away from his/her workshop or depot in excess of time usually spent by the employee in travelling to or from his/her home and his/her workshop or depot.
(c) Excess Travelling Time Payment - An employee shall be paid for excess travelling time at ordinary time rate except on a holiday or Sunday when payment shall be at the rate of time and a half.
(d) Travelling Time Payment - To or from Distant Work - An employee travelling to or from distant work shall be paid for all time occupied in such travel at ordinary time rate up to a maximum of 12 hours out of every 24 hours or, where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.
(iii) Fares and Expenses:
(a) Fares and Expenses - The employer shall pay for all fares and/or expenses reasonably incurred by an employee in excess of those usually incurred by the employee in travelling between his/her home and his/her workshop or depot. Such fares and expenses shall include fares and/or expenses incurred in travelling between the workshop or depot and a job and in travelling between jobs.
(b) Fares and Expenses - Distant Work - The employer shall pay for any fares and/or expenses incurred in conveying an employee and the employee's tools and such personal belongings reasonably required for his/her personal use to and from distant work. Such expenses shall include cost of meals partaken and insurance of personal belongings whilst in transit.
(c) Motor Vehicle Allowance - An employer shall pay to an employee a motor vehicle allowance as set out in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as compensation for expenses where the employee, by agreement with his/her employer, uses his/her own motor vehicle in the following cases:
(i) For the distance of his/her journey which is in excess of the distance of the journey between the employee's home and his/her workshop or depot where the employee starts or finishes work at a job away from his/her workshop or depot; or
(ii) for the distance of his/her journey where the employee is recalled to work overtime after leaving his/her employer's business; or
(iii) for the distance of his/her journey in travelling between his/her workshop or depot and a job or between jobs; or
(iv) for the distance of his/her journey in travelling to or from distant work.
6. Tools
(i) Provision of Tools - Employers shall continue to provide such tools of trade as were customarily provided at the time of the making of this award.
(ii) Power Tools, etc. - An employer shall provide, for the use of tradespersons and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.
(iii) Tool allowance:
(a) For tools not customarily provided by the employer at the date of commencement of this award, but which are ordinarily required by the tradespersons and apprentices for the performance of their duties and are supplied by an employee, an allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid, subject to the employee maintaining an adequate kit of tools.
(b) Such allowance shall be paid for all purposes of the award.
(iv) Carrying Tools, etc - An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.
(v) Storing Employee's Tools - At each workshop or depot and at each job site, an employer shall provide suitable free storage accommodation for employee's tools. An employer shall ensure that such tool storage accommodation is as secure as practicable against unauthorised entry outside working hours.
(vi) Damage to Tools - Compensation to the extent of the damage sustained shall be made where, in the course of the work, tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances; provided that the employer's liability shall be limited to such tools of trade as are ordinarily required for the performance of the employee's duties.
7. Wage Rates
(i) Wage rates - see Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii) Mixed Functions - An employee engaged for more than two (2) hours during one day or shift on duties carrying a higher rate than his/her ordinary classification shall be paid the higher rate for such day or shift; if so engaged for two (2) hours or less during one day or shift he/she shall be paid the higher rate for the time so worked. Provided that the union and employer may agree to vary this sub clause. This sub clause does not apply whilst employees are engaged in on-job training.
8. Payment of Wages
(i) Wages, allowances and expenses shall be paid weekly by electronic funds transfer (EFT).
(ii) Pay Period - At the time of making this award, the pay period for the payment of wages, allowances and expenses shall be from Monday to Sunday. This may be changed by agreement between the parties.
(iii) Pay Day:
(a) Upon commencement of this award or the commencement of a contract of employment the employer shall notify the employee of the day of the week upon which the employee is to be paid his wages, allowances and expenses and such day shall be recorded in the employee's wages and/or service record as pay day.
(b) Pay day may be altered as to all or a section of employees in an employer's establishment upon the employer giving the employees affected and the Union 14 days' notice of such alteration;
Provided that this paragraph shall not apply to subsection (iv) Pay Day Falling on a Holiday, of this clause.
(iv) Pay Day Falling on a Holiday. Where pay day falls on a holiday, and subject to the other provisions of this clause, an employee shall be paid whatever wages, allowances and other expenses are due to him on the working day after the holiday. In such cases the substituted day shall be deemed to be pay day for the week in question.
Provided that an employer and the Union may agree on any variation to this subclause to apply to the employer's establishment.
(v) Payment on Termination of Employment - Upon termination of the employment wages, allowances and expenses due to an employee shall be paid to him/her on the day of such termination, where practicable, or otherwise within three (3) working days of such termination.
(vi) Statement of Wages Due - On or prior to pay day the employer shall state to each employee, in writing, the amount of wages, allowances and expenses to which he/she is entitled, the amount of deduction made therefrom and the net amount begin paid to him/her.
(vii) Payment to be Made:
(a) Wages due for time worked, and allowances due and expenses incurred, during a pay period shall be paid on the Wednesday occurring after the end of that pay period. Provided that, where a holiday falls between the end of the pay period and pay day, the pay is made available to employees by no later than close of business on Thursday of that week.
(b) An employer and the union may agree on any variation to this subclause to apply to the employer’s establishment.
(viii) Waiting for Payment - An employee kept waiting at work for wages on pay day for a more than 15 minutes after the usual time of ceasing work shall be paid overtime rates after that 15 minutes, with a minimum of 15 minute’s establishment.
If wages are not paid on pay day, (as set out in (vii)(a) above), except where the default has not been caused by the employer, a penalty of payment of two hours at ordinary rates shall be incurred and shall be paid, together with normal pay, to midday on the next working day after pay day.
9. Contract of Employment
Section I Weekly Employment:
(i) Weekly Employment - Except as provided in Section II - Casual Employment of this clause employment shall be by the week. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.
(ii) Termination of Employment:
(a) The required period of notice shall be:
|Employee’s period of continuous service with the employer: |Period of notice |
|Not more than 1 year |1 week |
|More than 1 but not more than 3 years |2 weeks |
|More than 5 years but not more than 5 years |3 weeks |
|More than 5 years |4 weeks |
One week’s extra notice is required if the employee is over 45 years of age.
(b) Where the employee has given or been given notice as aforesaid he/she shall continue in his employment until the date of the expiration of such notice. An employee who having given or been given notice as aforesaid and without reasonable cause (proof of which shall lie on him/her) absents himself/herself from work during such period shall be deemed to have abandoned his/her employment and shall not be entitled to payment for work done by him/her within that period.
(c) Provided that where an employer has given notice as aforesaid, an employee on request shall be granted leave of absence without pay for one day in order to look for alternative employment.
(d) Notwithstanding the provisions of paragraph (a) of this subclause the employer shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.
Section II Casual Employment:
(i) Casual Employment - A casual employee is one engaged and paid as such.
(ii) Casual Employment Additional Rate - A Casual employee shall be paid 12 per centum of the weekly rate in addition to the weekly wage rate prescribed by this award for the work performed. The casual employment additional rate shall be paid for all purposes of the award.
(iii) Minimum Payment - A casual employee who is requested to report for work shall be paid a minimum of 4 hours' pay.
Section III Use of Temporary Employees:
It is not the intention of the Company to replace permanent positions with temporary labour. In order to meet short-term projects or peak workloads, temporary labour may be employed. Where the work is continuous in nature, the period of employment for temporary labour will be three months, and may be extended to six months.
The Company recognises the benefits of a stable permanent workforce, and it is envisaged that where a permanent vacancy becomes available, the vacancy should be filled from the casual workforce population, depending upon appropriate skills and qualifications.
A job will be determined to be full-time if a temporary employee is employed for more than six months.
Section IV General:
(i) Scope - This section shall have application to weekly and casual employees.
(ii) Absence from Duty - An employee (other than an employee who has given or received notice in accordance with this clause) not attending for duty shall except as provided by clause 16 - Sick Leave, clause 18 - Annual Leave and clause 19 - Other Leave, of this award, lose his/her pay for the actual time of such non-attendance.
(iii) Standing Down of Employees - The employer shall have the right to deduct payment for any day the employee cannot be usefully employed because of any strike or through any breakdown in machinery or any stoppages of work by any cause for which the employer cannot reasonably be held responsible.
(iv) Abandonment of Employment:
(a) The absence of an employee from work for a continuous period exceeding 3 working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned his/her employment.
(b) Provided that if within a period of 14 days from his/her last attendance at work or the date of his/her absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of his/her employer that he/she was absent for reasonable cause he/she shall be deemed to have abandoned his/her employment.
(c) Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later.
Section V Australian Workplace Agreements:
The Parties agree that no Australian Workplace Agreements will be negotiated or entered into with any employee covered by this Award.
10. Redundancy and Technological Change
(1) Application - Notwithstanding anything contained elsewhere in this award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.
(2) Introduction of Change:
(i) Employers duty to notify:
(a) Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.
(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or location and the restructuring of jobs.
(3) Employer’s Duty to Discuss Change:
(a) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.
(b) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (i) of subclause (2).
(c) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.
(4) Redundancy:
(i) Discussions before terminations:
(a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (a) of paragraph (i) of subclause 2, Introduction of Change, of this clause, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.
(b) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed termination and measures to mitigate any adverse effects of any termination on the employees concerned.
(c) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information, the disclosure of which would adversely affect the employer.
(5) Termination of Employment:
(i) Notice for Changes in Production, Program, Organisation or Structure:
This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure". In order to terminate the employment of an employee the employer shall give the employee the notice prescribed in subclause (ii), Termination of Employment, of Section I of clause 9, Contract of Employment.
(ii) Notice for Technological Change:
(a) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.
(b) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
(c) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off during the Notice Period:
(a) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.
(iv) Employee leaving during the Notice Period:
If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.
(v) Statement of Employment:
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.
(vi) Notice to Centrelink:
Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible giving relevant information including the number of categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.
(vii) Department of Social Security Employment Separation Certificate:
The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.
(5) Severance Pay:
(i) Where an employee is to be terminated pursuant to clause 10 of this award, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a continuous period of service:
(a) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:
|Years of Service |Under 45 Years of Age Entitlement |
|Up to 12 months |4 |
|1 year |7 |
|2 years |10 |
|3 years |13 |
|4 years |16 |
|5 years |19 |
|6 years |22 |
|7 years |25 |
|8 years |28 |
|9 years |31 |
|10 years |34 |
|11 years |37 |
|12 years |40 |
|13 years |43 |
|14 years |46 |
|15 years |49 |
|16 years |52 |
|17 years |55 |
|18 years |58 |
|19 years |61 |
|20 years |64 |
The scales referred to in sub paragraphs (a) and (b) of this paragraph are inclusive of the period of notice of termination and redundancy payments.
(b) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:
|Years of Service |Over 45 Years of Age Entitlement |
|Up to 12 months |5 |
|1 year |8 |
|2 years |11 |
|3 years |14 |
|4 years |17 |
|5 years |20 |
|6 years |23 |
|7 years |26 |
|8 years |29 |
|9 years |32 |
|10 years |35 |
|11 years |38 |
|12 years |41 |
|13 years |44 |
|14 years |47 |
|15 years |50 |
|16 years |53 |
|17 years |56 |
|18 years |59 |
|19 years |62 |
|20 years |65 |
(c) "Weeks pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances.
(ii) Incapacity to pay - Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subparagraphs (a) and (b) of paragraph (i) of this subclause.
The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in the said subparagraphs (a) and (b) will have on the employer.
(iii) Alternative Employment - Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (i) above if the employer obtains acceptable alternative employment for an employee.
(iv) Retrenched employees will be entitled to payment for all accrued sick leave.
11. Special Rates
Section I Specific Allowances:
The following disability rates and allowances and additional rates and allowances shall be paid:
(i) Dirty Work - Where conditions are unusually offensive or unhealthy or more injurious to clothing than the ordinary workshop conditions, a dirty work allowance, as set out in Item 3 of Table 2 -Other Rates and Allowances, of Part B, Monetary Rates, shall be paid.
(a) Unless it can be shown that the conditions appertaining to any particular job done in connection with such works are no dirtier than the ordinary workshop conditions then the following shall be considered dirty work:
(1) Work done on or in the following:
The space between the ceiling and roof of a building that has been occupied.
The space between the ceiling and the floor above of a building that has been occupied.
The space between the earth and the floor above of any building.
(2) The following work:
Operating a power tool to cut or groove (i.e. chase) brickwork, plaster, rockwork, concrete and other masonry work.
On repairs to electrically driven vehicles that have been in use.
(ii) Confined Spaces - An employee working in a confined space shall be paid a confined space allowance as set out in Item 4 of the said Table 2.
(iii) Insulating Material - Temperature, Sound, &c. - An employee handling silicate of cotton, slag wool, rock wool or glass fibre wool for the purpose of insulation or who it is agreed between the employer and the employee is working in the immediate vicinity so as to be affected by the use thereof, shall be paid an insulation material allowance as set out in Item 5 of the said Table 2. Such allowance shall be paid for the remainder of the day or shift after the time that it first becomes payable.
(iv) High Places:
(a) An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance as set out in Item 6 of the said Table 2 and an additional amount as set out in the said Item 6 for each further 15 metres increase in the height at which he/she is working.
(b) An employee working on a building or structure in a bosun's chair or swinging scaffold at a height of up to 15 metres directly above a substantial level surface shall be paid a height allowance as set out in Item 6 of the said Table 2 and an additional amount as set out in Item 6 of the said Table 2 for each further 15 metres increase in the height at which he/she is working.
(v) Wet Places:
(a) An employee working in any place where his/her clothing or footwear becomes appreciably wet shall be paid a wet places allowance as set out in Item 7 of the said Table 2.
(b) Provided that the wet places allowance shall not be payable where the employer provides the employee with suitable protective clothing and footwear.
(c) Provided further that any employee who becomes entitled to the wet places allowance shall be paid such allowance for such part of the day or shift he/she is required to work in wet clothing or footwear.
(vi) Hot Places:
(a) An employee working for more that one hour in the shade in places where the temperature is raised to between 46 degrees Celsius and 54 degrees Celsius shall be paid a hot places allowance as set out in Item 8 of the said Table 2. In places where the temperature exceeds 54 degrees Celsius, the hot places allowance shall be as set out in the said Item 8. Where work continues for more than two hours in temperatures exceeding 54 degrees Celsius, the employee shall be entitled to 20 minutes rest after every two hours' work without deduction of pay.
(b) The temperature shall be decided by the foreperson of the work after consultation with the employee who claims the hot places allowance.
(vii) Cold Places - An employee working for more than one hour in places where the temperature is reduced by artificial means below 0 degrees Celsius shall be paid a cold places allowance as set out in Item 9 of the said Table 2. Where work continues for more than two hours in temperatures below 0 degrees Celsius, the employee shall be entitled to a rest period of 20 minutes after every two hours' work without deduction of pay.
(viii) Explosive-powered Tools - An employee required to use explosive powered tools shall be paid an hourly explosive powered tools allowance of one-eighth of the daily rate, with a daily minimum payment as set out in Item 10 of the said Table 2.
(ix) Toxic Substances:
(a) An employee required to use toxic substances shall be informed by the employer of the health hazards involved and instructed in the correct and necessary safeguards which must be observed in the use of such materials.
(b) Employees using such materials will be provided with, and shall use, all safeguards as are required by the appropriate Government authority.
(c) Employees using toxic substances or materials of a like nature, where such substances or materials are used in quantities of 0.5 kg or over, shall be paid an allowance as set out in Item 11 of the said Table 2.
Employees working in close proximity to employees so engaged so as to be affected by the use of such substances or materials shall be paid an allowance as set out in the said Item 11.
(d) For the purpose of this subclause, toxic substances shall include epoxy-based materials, and all materials, which include or require the addition of a catalyst hardener and reactive additives or two-pack catalyst system shall be deemed to be materials of a like nature.
Section II General:
(i) Limits to Accumulation - Where more than one of the rates and allowances prescribed by Disability Rates, provides payment for disability of substantially the same nature, then only the highest of such rates shall be payable.
(ii) Rates not Subject to Penalty Addition - Except where otherwise specified, the extra rates herein prescribed shall be paid irrespective of the time at which the work is performed and shall not be subject to any premium or penalty additions.
(iii) Disputed Claims - In the case of a disagreement between the foreperson and an employee about the entitlement to any of the disability rates and allowances prescribed herein, the employee shall be entitled to raise a grievance in accordance with Clause 26, Grievance and Dispute Resolution Procedures, of this award.
(iv) Leading Hand - Means any employee (not being a foreperson) who is placed in charge of work on which four or more employees are engaged. Any worker who receives orders from an officer/supervisor, and is placed in charge as herein set out in the absence of such officer/supervisor, shall be deemed to be a leading hand whilst so placed in charge of the work carrying out such orders and shall be paid an allowance as set out in Item 14 of Table 2 - Other Rates and Allowances.
(v) Payment by Results Prohibited - Any system of payment by results (i.e. piecework payments) in the electrical contracting industry is prohibited; provided that an employer and the union may agree on any variation to this subclause to apply to the employer’s establishment.
Section III Accident and Sickness Insurance
(i) On 1 January 1998 the Company will implement "Sickness and Accident Insurance" cover for all employees covered by this Award.
(ii) It is the understanding of the Parties to this Award that the premium referred to in (i) above does not exceed 1% of the cost of wages. The Parties agree to review the Insurance premium and the costs associated with the provision of the Insurance at the conclusion of this Award and again when the insurance premium is due for renewal, namely late 2000, if necessary.
12. Hours of Work - Day Workers
(i) Weekly Ordinary Hours. The weekly ordinary hours of work shall be 38 hours per week or an average of 38 hours per week, such average hours per week being calculated over an employee's work cycle.
(ii) Daily Ordinary Hours - The daily ordinary hours of work shall not exceed eight. Provided that the daily ordinary hours of work prescribed by this subclause may be altered as to all or a section of employees by mutual agreement between an employer and the Union.
(iii) Days of Work - The ordinary hours of work may be worked on any days or all of the days of the week, Monday to Friday inclusive.
(iv) Spread of Hours - The spread of daily ordinary hours of work shall be between 6.00 a.m. and 6.00 p.m. at the discretion of the employer and, except for meal breaks, shall be worked continuously.
(v) Rostered Days Off (RDO):
(a) The parties agree on the need to keep production equipment operating efficiently and maintain production flow. To achieve this, RDO’s will continue to be staggered and training provided for back-up crews.
(b) Employees are entitled to one RDO per 19 working days. It is desirable that RDO's be taken in the month in which they accrue. It is acknowledged that the employer’s objective is to maintain the accrual of RDOs to three days and will implement management strategies to assist in attaining this objective.
(c) Within sections, flexibility on the taking of RDO’s will reflect the business needs of that section. Individual needs will be accommodated wherever possible.
(d) Employees and employers are required to give five days’ notice of the taking and allocation of RDOs.
(e) Emergency situations which may arise for the employee or the employer which require a change to this period of notice will be the subject of consultation between the parties concerned at the time.
(vi) RDO Falling on a Holiday - Where an employee is entitled to a leisure day (in accordance with this subclause) and such RDO falls on a holiday prescribed by clause 14, Holiday and Sunday Work, such RDO shall be substituted for another week-day.
Provided that the day be taken as a substitute RDO shall be determined by agreement between the employer and the employee and that it shall be taken during the work cycle in which the day fell due, or during the next succeeding work cycle.
(vii) Work outside Ordinary Hours - All work outside the ordinary hours of work prescribed by this clause, including work on a rostered day off, except where such RDO is substituted for another day, shall be subject to the penalty rates set out in this award.
13. Overtime
(i) Payment for Working Overtime:
(a) For all work done outside ordinary hours the rates of pay shall be time and one-half for the first 2 hours and double time thereafter; such double time to continue until the completion of the overtime work.
(b) Except as provided in this subclause or subclause (ii), Rest Period after Overtime, of this clause, in computing overtime each day's work shall stand alone.
(ii) Rest Period After Overtime:
(a) When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours off duty between the work of successive days:
Provided that, in the case of shift workers, the rest period shall be 8 consecutive hours off duty when the overtime is worked:
(1) for the purpose of changing shift roster; or
(2) where the shift worker does not report for duty and a day worker or a shift worker is required to replace such shift worker; or
(3) where a shift is worked by arrangement between the employees themselves.
(b) An employee who works so much overtime between the termination of his/her ordinary work on one day and the commencement of his/her ordinary work on the next day that he/she has not had at least the rest period off duty between those times shall, subject to this subclause, be released after completion of such overtime until he has had the rest period off duty without loss of pay for ordinary working time occurring during such absence.
(c) If on the instruction of his employer such an employee resumes or continues work without having had such rest period off duty he/she shall be paid at double rates until he/she is released from duty for such rest period and he/she shall then be entitled to be absent until he/she has had the rest period off duty without loss of pay for ordinary time occurring during such absence.
(iii) Recall to Work:
(a) An employee recalled to work overtime after leaving the employer's business premises (whether notified before or after leaving the premises) shall be paid for a minimum of 4 hours' work or where the employee has been paid for standing by in accordance with subclause (v), Standing By, of this clause, shall be paid for a minimum of 3 hours' work at the appropriate rate for each time he/she is so recalled.
(b) Provided that, except in the case of unforeseen circumstances arising, the employee shall not be required to work the full 4 or 3 hours as the case may be if the job he/she was recalled to perform is completed within a shorter period.
(c) This subclause shall not apply in cases where it is customary for an employee to return to his/her employer's premises to perform a specific job outside his ordinary working hours, or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.
(d) Overtime worked in the circumstances specified in this subclause shall not be regarded as overtime for the purpose of subclause (ii), Rest Period After Overtime, of this clause when the actual time worked is less than 3 hours on such recall or on each of such recalls.
(iv) Saturday Work:
(a) An employee required to work after midday on a Saturday shall be paid double time rate for such work.
(b) A day worker required to work overtime on a Saturday shall be afforded at least 4 hours' work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.
(c) Where an employee works overtime which ceases at or after 4.00a.m. on a Saturday and such overtime is continuous with ordinary work on Friday, then such employee shall be paid for an additional 8 hours at ordinary time rate. This provision shall not apply to shift workers.
(v) Standing By - Subject to any custom now prevailing under which an employee is required regularly to hold himself in readiness for a call back, an employee required to hold himself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates for the time from which he is so told to hold himself in readiness.
(vi) Crib Time:
(a) An employee working overtime shall be allowed a crib time of 20 minutes at the appropriate rate without deduction of pay after each 4 hours of overtime worked if the employee continues work after such crib time. Provided that where a day worker on a five-day week is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10.00 a.m. and 1.00 p.m., be paid at ordinary rates.
(b) Unless the period of overtime is less than 1 1/2 hours an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates. An employer and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.
(vii) Requirement to Work Reasonable Overtime - It shall be a condition of employment that employees shall work reasonable overtime to meet the needs of the business.
(viii) Meal Allowance:
(a) An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set out in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the first meal and for each subsequent meal.
(b) Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be), the employer shall provide such second and/or subsequent meal or make payment in lieu thereof as above prescribed.
(c) If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.
(ix) Transport of Employees - When an employee, after having worked overtime, or a shift for which he has not been regularly rostered, finishes work at a time when reasonable means of transport are not available, the employer shall provide him/her with a conveyance to his/her home or pay him/her his current wage rate for the time reasonably occupied in reaching his home.
(x) Meal Breaks:
(a) Maximum Period Without Meal Break - An employee shall not be compelled to work for more than 5 hours without a break for a meal.
(b) Payment for Work in Meal Breaks - Subject to paragraph (c), Regular Maintenance Person, of this subclause, for work done during meal hours and thereafter until a meal break is allowed time and half rates shall be paid.
(c) Regular Maintenance Person - Subject to the provisions of paragraph (a), Maximum Period Without Meal Break, hereof, an employee employed as a regular maintenance person shall work during meal breaks at the ordinary rates herein prescribed, whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done whilst such plant is idle.
Provided that, if the meal period of a maintenance person has not previously been taken and does not follow immediately upon resumption of work by other employees after their meal break, the provisions of paragraph (b), Payment for Work in Meal Breaks, of this subclause, shall apply.
(xi) Time off in lieu of overtime - Time off in lieu of overtime may be available to COM 10 employees at the request of the employee and with the agreement of the appropriate manager. Entitlement shall be taken within one month, having regard to the operational requirements of the employee’s workplace.
(xii) In general, overtime patterns will not alter as a result of this award coming into effect.
14. Holiday and Sunday Work
Section I Holidays:
(i) Prescribed Holidays -
(a) An employee on weekly hiring shall be entitled, without loss of pay to public holidays as follows: New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Six Hour Day (or Labour Day), Christmas Day, Boxing Day, or such other day as is generally observed in the locality as a substitute for any of the said days respectively, and/or proclaimed or gazetted holiday throughout the State.
(b) By mutual agreement between an employer and employee, other days may be substituted for the said days or any of them as to such employer's undertaking.
(ii) Payment for Work on a Holiday:
(a) An employee not engaged on continuous work shall be paid at the rate of double time and one half for work on a public holiday, such double time and one half to continue until he/she is relieved from duty.
(b) An employee required to work on a holiday shall be paid for a minimum of 4 hours' work at double time and a half.
(iii) Absence Before or After a Holiday - An employee shall not be entitled to payment for a holiday if he/she is absent from work-
(a) without reasonable excuse; or
(b) without the consent of his employer; on the ordinary working day before or the ordinary working day after a holiday.
Section II Picnic Day:
(i) Prescribed Holiday - Employees' Picnic day shall be a recognised holiday for employees who are members of the Electrical Trades Union of Australia, New South Wales Branch. It shall be observed the Tuesday after Easter Monday unless otherwise agreed between the Parties.
(ii) Payment for Work on Picnic Day:
(a) An employee who is required to work on picnic day or the day substituted therefore shall be paid at the rate of double time and a half, such rate to continue until he/she is relieved from duty.
(b) An employee required to work on picnic day shall be paid for a minimum of 4 hours' work at double time and a half.
(iii) Absence Before or After Picnic Day - An employee shall not be entitled to payment for picnic day if he is absent from work:
(a) without reasonable excuse; or
(b) without the consent of his employer on the ordinary working day before or the ordinary working day after picnic day.
Section III Sundays - Payment for Work on Sundays:
(i) An employee who works on a Sunday, shall be paid at the rate of double time for such work, such double time to continue until he/she is relieved from duty.
(ii) An employee required to work on a Sunday shall be paid for a minimum of 4 hours' work at double time.
Section IV General - The following shall have application to all other sections of this clause:
(i) Rest Period After Holiday or Sunday Work - An employee, not engaged on continuous work, who works on a holiday or a Sunday and (except for meal breaks) immediately thereafter continues such work shall, on being relieved from duty be entitled to be absent until he/she has had 10 consecutive hours off duty without deduction of pay for ordinary time occurring during such absence.
(ii) Meal Allowance - Holidays and Sundays:
(a) An employee not engaged on continuous work, required to work for more than 4 hours on a holiday or a Sunday without being notified on the previous day or earlier that he/she will be so required to work, shall either be supplied with a meal by the employer or paid an amount as set in Item 12 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for the meal taken during his/her first crib break and during each subsequent crib break. Provided that such payment need not be made to employees living in the same locality as their workshops who can reasonably return home for meals.
(b) An employee who, pursuant to notice, has provided a meal or meals and is not required to work on a holiday or Sunday or is required to work for a lesser period of time than advised, shall be paid the rates prescribed in the said Item 12 for meals which he/she has provided but which are surplus.
(iii) Maximum Period Without Meal Break - An employee shall not be compelled to work for more than five hours without a break for a meal.
15. Shift Work
(i) Definitions - For the purposes of this clause:
(a) "Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.
(b) "Continuous Work" means work carried on with consecutive shifts of employees throughout the 24 hours of each of at least 6 consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
(c) "Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m.
(d) "Rostered Shift" means a shift of which the employee concerned has had at least 48 hours' notice.
(ii) Hours - Continuous Work Shifts: This subclause shall apply to shift workers on continuous work as hereinbefore defined:
(a) The weekly ordinary hours of shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.
Provided that a shift cycle may differ from that prescribed by this subclause as to all or a section of employees by mutual agreement between an employer and a majority of employees concerned.
(b) Subject to the following conditions such shift workers shall work at such times as the employer may require:
(1) A shift shall consist of not more than 8 hours, inclusive of crib time;
(2) except at the regular changeover of shifts an employee shall not be required to work more than one shift in each 24 hours;
(3) 20 minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked;
(4) an employee shall not be required to work for more than 5 hours without a break for a meal.
(iii) Hours - other than Continuous Work:
(a) This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.
(b) The weekly ordinary hours of work shall be an average of 38 hours per week, the average hours per week being calculated over shift cycle.
(c) The weekly ordinary hours of work shall be arranged in accordance with one of the following shift cycles:
38 hours within a period not exceeding 7 consecutive calendar days; or
76 hours within a period not exceeding 14 consecutive days; or
114 hours within a period not exceeding 21 consecutive calendar days; or
152 hours within a period not exceeding 28 consecutive calendar days.
Subject to the following conditions such shift workers shall work at such time as the employer may require:
(1) A shift shall not exceed 8 hours of ordinary time work. Provided that the ordinary time of work of a shift may be altered as to all or a section of employees by mutual agreement between an employer and the Union.
(2) Such ordinary hours shall be worked continuously except for meal breaks at the discretion of the employer.
(3) Except at the regular change-over of shifts an employee shall not be required to work more than one shift in each 24 hours.
(4) An employee shall not be required to work for more than 5 hours without a break for a meal.
(iv) Rosters - Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts.
(v) Variations by Agreement - The method of working shifts may, in any case, be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment.
The time commencing and finishing shifts, once having been determined, may be varied by agreement between the employer and the accredited representative of the union to suit the circumstances of the establishment or, in the absence of agreement, by seven days’ notice of alteration given by the employer to the employees.
(vi) Afternoon or Night Shift Allowances:
(a) A shift worker whilst on afternoon or night shift shall be paid for such shifts 15 percent more than his ordinary rate.
(b) A shift worker who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights shall be paid for each such shift 50 per cent for the first 2 hours thereof and 100 per cent for the remaining hours thereof in addition to his/her ordinary rate.
(c) An employee who, during a period of engagement on shift:
(1) works night shift only; or
(2) remains on night shift for a longer period than 4 consecutive weeks; or
(3) works on a night shift which does not rotate or alternate with another shift or with day work so as to give him at least one-third of his working time off night shift in each shift cycle, shall, during such engagement, period or cycle be paid 30 per cent more than his ordinary rate for all time worked during ordinary working hours on such night shift.
(vii) Saturday Shifts - The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed in subclause (vi) of this clause.
(viii) Overtime - Shift workers for all time worked in excess of or outside the ordinary working hours prescribed by this award or on a shift other than a rostered shift shall:
(a) If employed on continuous work be paid at the rate of double time; or
(b) If employed on other shift work be paid at the rate of time and a half for the first 2 hours and double time thereafter.
Except in each case when the time is worked:
(1) By arrangement between the employees themselves; or
(2) For the purpose of effecting the customary rotation of shifts; or
(3) On a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with subsection (iii) Standing Down of Employees of Section III, General of clause 9, Contract of Employment of this award.
(c) When not less than 7 hours 36 minutes notice has been given to the employer by a relief person that he/she will be absent from work and the employee whom he/she should relieve is not relieved and is required to continue to work on his/her rostered day off, the unrelieved employee shall be paid double time.
(ix) Holiday and Sunday Work:
(a) Payment for Work on a Holiday or a Sunday: Shift workers shall be paid for all time worked on a holiday or a Sunday at the rates prescribed by clause 14, Holiday and Sunday Work.
(b) Rostered Off Duty - A shift worker whose ordinary rostered shift includes a holiday prescribed by clause 14, Holiday and Sunday Work, and who is rostered off duty on a holiday and who does not work shall:
(1) be paid one day's pay additional to his weekly wage for each such holiday he is rostered off duty; or
(2) in lieu of such payment and by mutual agreement with his employer he shall:
(A) have one additional day of annual leave; or
(B) be granted an ordinary working day off duty without loss of pay.
(c) Holiday and Sunday Shifts - Where shifts commence between 11.00 p.m. and midnight on a holiday or a Sunday, the time so worked before midnight shall not entitle the employee to the holiday or Sunday rate.
Provided that the time worked by an employee on a shift commencing before midnight on the day preceding a holiday or Sunday and extending into a holiday or Sunday shall be regarded as time worked on such holiday or Sunday. Where shifts fall partly on a holiday, that shift the major portion of which falls on a holiday shall be regarded as the holiday shift.
16. Sick Leave
(i) Entitlement to Sick Leave - An employee on weekly hiring who is unable to attend for duty during his/her ordinary working hours by reason of personal illness or personal incapacity not due to his/her own wilful misconduct, shall be entitled to leave of absence without deduction of pay, subject to the following conditions and limitations.
(a) Subject to the provisions of the Workers' Compensation Act 1987, he/she shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.
(b) That wherever possible, he/she shall prior to the commencement of his/her nominated starting time, or as soon as practicable thereafter, inform of the inability to attend for duty, and as far as possible state the nature of his/her illness or incapacity and the estimated duration of same.
(c) He/she shall provide to the satisfaction of his/her employer (or, in the event of a dispute of the Industrial Relations Commission of New South Wales), that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
(d) An employee shall not be entitled to leave in excess of the following:
(1) After 3 months continuous service with an employer; 24 hours of ordinary working time; provided that for any absence or absences not exceeding 24 hours during the first 3 months for which the employee would otherwise have qualified for payment in accordance with paragraphs (a), (b) and (c) of this subclause, the employee shall be paid for such absence or absences upon the employee's application for payment after such 3 months.
Provided further that where at the commencement of employment it is agreed that the period of employment shall not exceed 3 months the employee shall be entitled to the provisions of this paragraph from the commencement of employment.
(2) After 6 months continuous service with that employer, an additional 16 hours of ordinary working time; provided that for any absence or absences not exceeding 40 hours during the first 6 months for which the employee would otherwise have qualified for payment in accordance with paragraphs (a), (b) and (c) of this subclause, and subject to his/her having an untaken balance of sick leave standing to his/her credit, the employee shall be paid for such absence or absences upon the employee's application for payment after such 6 months.
(3) On the anniversary date of his/her first and each subsequent year of service with that employer an additional 64 hours of ordinary working time.
(iii) Cumulative Sick Leave - Sick leave shall accumulate from year to year so that any balance of the period specified in paragraph (d) of sub-clause (i), Entitlement to Sick Leave of this clause, which has in any year not been allowed to an employee by an employer as paid sick leave, may be claimed by the employee and, subject to the conditions hereinbefore prescribed, shall be allowed by the employer in a subsequent year without diminution of the sick leave prescribed in respect of that year.
Provided that sick leave which accumulates shall be available to the employee for a period of 12 years from the end of the year in which it accrues.
17. Carers Leave
(i) Use of Sick Leave:
(a) An employee with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (c) of this subclause who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement for absences to provide care and support of such persons when they are ill.
(b) The employee shall, if required, establish by production of a medical certificate or statutory declaration.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee being responsible for the care and support of the person concerned; and
(2) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
(i) "relative" means a person related by blood, marriage or affinity;
(ii) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
(iii) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
(ii) Unpaid Leave For Family Purpose:
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (2) of paragraph (c) of the subclause (i) of this clause who is ill.
(iii) Annual Leave:
(a) To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual at a time or times agreed by the parties.
(b) Access to annual leave shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
(iv) Time Off In Lieu Of Payment Of Overtime:
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in the award, for any overtime worked where such time has not been taken within four weeks of accrual. Notwithstanding anything contained elsewhere in this subclause, on notice from the employer, an employee must elect within six months of accrual, whether to take overtime worked as an overtime payment or as time off work at the ordinary time rate of pay.
(v) Make-Up Time:
(a) An employee may elect, with the consent of their employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
18. Annual Leave
(i) Day Workers:
(a) Annual Leave Entitlements. For annual leave entitlement provisions see Annual Holidays Act 1944.
(ii) Shift Workers - In addition to the benefits prescribed by the said Act, shift workers shall be granted the following:
(a) Payment for Period of Annual Leave - An employee before going on annual leave shall be paid the wages he/she would have received in respect of the ordinary time he would have worked had he/she not been on leave during the relevant period. An employee shall have the amount of wages to be received for annual leave calculated by including the following where applicable:
(1) his/her "ordinary pay" as prescribed by the Annual Holidays Act 1944; and
(2) the rate payable pursuant to subclause (ii), Mixed Functions, of clause 7, Wage Rates, of this award, calculated on a daily basis, which the employee would have received for ordinary time during the relevant period whether on a shift roster or otherwise.
(b) Seven-day Shift Workers - A seven-day shift worker is an employee whose ordinary working period includes holidays and Sundays on which he/she may be regularly rostered for work.
In addition to the benefits prescribed by section 3 of the Act with regard to an annual holiday an employee who, during the year of his/her employment with respect to which he/she becomes entitled to the said annual holiday gives service as a seven-day shift worker, under this award shall be entitled to the additional leave as specified below.
(1) If during the year of his/her employment he/she has served continuously as a seven-day shift worker the additional leave with respect to that year shall be one week.
(2) Subject to subparagraph (4) of this paragraph if during the year of his/her employment he/she has served for only portion of it as a seven-day shift worker the additional leave shall be one day for every 36 ordinary shifts worked as a seven-day shift worker.
(3) Subject to subparagraph (4) of this paragraph the employee shall be paid for such additional leave in accordance with the provisions prescribed by paragraph (i), Payment for Period of Annual Leave, of this subclause.
(4) Where the additional leave calculated under this subclause is or includes a fraction of a day such fraction shall not form part of the leave period and any such fraction shall be discharged by payment only.
(5) In this clause reference to "one week" and "one day" includes holidays and non-working days.
(c) Payment on Termination of Employment - Where the employment of a worker has been terminated and he/she thereby becomes entitled under Section 4 of the Annual Holidays Act 1944, to payment in lieu of an annual holiday, payment of 3( hours at such ordinary rate of wages shall be made with respect to each 21 shifts of service as a seven-day shift worker which he has/she rendered during such period of employment.
(iii) Annual Holidays Loading:
(a) Before an employee is given and takes his/her annual holiday, or, where by agreement between the employer and employee the annual holiday given and taken in more that on separate period, then before each of such separate periods, the employer shall pay the employee a loading determined in accordance with this subclause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see paragraph (g) of this subclause.)
(b) The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this award.
(c) The loading is the amount payable for the period or the separate period, as the case may be, stated in paragraph (e) of this subclause at the rate per week of 17( percent of the appropriate ordinary weekly wage rate calculated in accordance with the provisions of Table 1 - Rates of Pay, of Part B, Monetary Rates, for the classification in which the employee was employed immediately before commencing his annual holiday but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this award.
(d) No loading is payable to an employee who takes an annual holiday wholly or partly in advance: Provided that, if the employment of such an employee continues until the day when he would have become entitled under the Act to an Annual Holiday, the loading then becomes payable in respect of the period of such annual holiday and is to be calculated in accordance with paragraph (c) of this subclause applying the award rates of wages payable on that day.
(e) Where in accordance with the Act the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned:
(1) an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with paragraph (c) of this subclause;
(2) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him/her under this subclause if he had become entitled to an annual holiday prior to the close-down as his/her qualifying period of employment in completed weeks bears to 52.
(f)
(1) When the employment of an employee is terminated by his/her employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with paragraph (f) of this subclause for the period not taken.
(2) Except as provided by subparagraph (1) of this paragraph no loading is payable on the termination of an employee's employment.
(g) Notwithstanding the provisions of paragraph (f) of this subclause an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on such annual holiday, shall be paid whichever is the greater of either the said annual holidays loading or the shift work allowances and weekend penalty rates, where applicable, for the ordinary time (not including time on a holiday prescribed by clause 17, Holiday and Sunday Work, of this award) which he/she would have worked during the period of the annual holiday.
(iv) RDO in Relation to Annual Leave - For each four-week period which accrues or falls due to an employee, pursuant to the provisions of the Annual Holidays Act 1944, and:
(1) where the employee’s ordinary hours of work are arranged in accordance with an average weekly hours system as prescribed in clause 12, Hours of Work - Day Workers; and
(2) irrespective of whether the employee has his/her annual holiday in either one consecutive period or two, three, or four separate periods, then only one such period shall include a leisure day.
An employee’s RDOs are not holidays or special award holidays for the purpose of this award.
19. Other Leave
(i) Long Service Leave - For long service leave provisions see Long Service Leave Act 1955.
(ii) Bereavement Leave
(a) An employee on weekly hiring shall be entitled to a maximum of 2 days without loss of pay on each occasion and on the production of satisfactory evidence of the death in Australia of the employee's husband, wife, father, mother, brother, sister, child, stepchild or parents-in-law.
For the purposes of this subclause the words "wife" and "husband" shall include de facto wife or husband or same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis, and the words "father" and "mother" shall include foster father or mother and stepfather or mother.
(b) Provided further, any employee on weekly hiring shall be entitled to a maximum of two days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside of Australia of an employee's husband, wife, father, mother, brother, sister, child or stepchild and where such employee travels outside of Australia to attend the funeral.
(iii) Parental Leave, Carers' Leave and Family Leave - see Company Policy and the Industrial Relations Act 1996.
20. Shop Stewards
(i) Accredited Shop Steward - An employee appointed shop steward in the shop or department in which he/she is employed shall upon notification thereof to his/her employer, be recognised as the accredited representative of the union. An accredited shop steward shall be allowed the necessary time during working hours to interview the employer or his/her representative on matters affecting employees whom he/she represents.
(ii) Interviewing Union Official - Subject to the prior approval of the employer an accredited shop steward shall be allowed, at a place designated by the employer a reasonable period of time during working hours to interview a duly accredited official of the union on legitimate union business.
21. Notice Board
(i) The employer shall permit a notice board of reasonable dimensions to be erected in a prominent position in each of his establishments or plants or job sites where employees are working or in separate buildings in each establishments or plant or job site so that such notice boards are reasonably accessible to all employees working under the award at the establishment or plant or job site.
(ii) Accredited union representatives shall be permitted to put on the notice board or boards formal union notices, signed or countersigned by the representative so placing them. Any notice posted on such notice board or boards not so signed or countersigned may be removed by an accredited union representative or the employer.
22. Amenities
(i) Workshop and Depot
(a) The Company and employees shall ensure that the prescribed amenities are kept clean.
(b) The employer shall provide at the workshop or depot a suitable locker or suitable hanging facilities which will provide adequate protection for an employee's clothing and personal effects.
NOTE: Amenities for workshops and depots are those prescribed by the Factories, Shop and Industries Act 1962, and by the Regulations made under the Act. The amenities prescribed include change room, meal room, dining tables, chairs, clothes lockers, tool lockers, food storage, meal heating facilities, garbage bins, showers, hand wash basins and sanitary conveniences.
(iii) Water Supply - The employer shall provide an adequate supply of:
(a) pure, cool drinking water which shall be available for use at anytime during working hours, and
(b) boiling water for beverages which shall be available for use during meal and crib breaks.
23. First-Aid
(i) Attendant - The employer shall endeavour to have at least one person who has been trained to render first-aid in attendance when work is performed at an establishment.
(ii) First-aid Outfit - In each workshop, depot and job site where employees are regularly employed, the employer shall provide and continuously maintain, at a place or places reasonably accessible to all employees, an efficient first-aid outfit.
(iii) First-aid Allowance - An employee who has been trained to render first-aid and who is the current holder of appropriate first-aid qualifications approved by the Workcover Authority of New South Wales shall be paid an allowance as set out in Item 13 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, if he/she is appointed by his/her employer to perform first aid duty.
24. Miscellaneous Provisions
(i) Protective Clothing - Where employees are required to wear overalls and/or dust coats they shall be supplied by the employer.
(ii) Damage to Clothing, Spectacles and Hearing Aids - Compensation to the extent of the damage sustained shall be made where in the course of the work clothing, spectacles or hearing aids are damaged or destroyed by fire or molten metal or through the use of corrosive substances. Provided that this subclause shall not apply when an employee is entitled to workers' compensation in respect of the damage.
(iii) Gas Masks - The employer shall provide respirators or gas masks for electric arc or oxy-acetylene operators working in places where fresh air cannot freely circulate.
(iv) Gloves - Suitable gloves shall be provided by the employer for operators of pneumatic tools and/or punch and shearing machines.
(v) Goggles - Suitable mica or other goggles shall be provided by the employer for each employee using emery wheels or where used by more than one employee such goggles shall be sterilised before being used by another employee. An employee when working on emery wheels shall wear the goggles provided for protection. Goggles containing celluloid shall not be considered suitable for the purposes of this provision.
(vi) Masks - Where necessary suitable masks shall be provided for employees required to use compressed air for blowing dust from electrical machinery or equipment. An employee when performing such work shall wear the mask provided for protection. Masks containing celluloid shall not be considered suitable for the purposes of this provision.
(vii) Protective Equipment - Welding - The employer shall provide a sufficient supply of the undermentioned equipment to enable each tradesperson and his/her assistant when engaged on work necessitating its use:
(a) suitable asbestos sheets;
(b) hand screens or helmets, fitted with coloured glass (or in the case of acetylene operators protective glasses with side shields);
(c) anti-flash goggles;
(d) aprons, leather sleeves and leggings (or coveralls of flameproof material) and gauntlet gloves; and
(e) gum or other insulating boots when working in places so damp that danger of electric shock exists.
An employee who is pursuant to this paragraph supplied with any of the equipment specified herein shall wear or use as the case may be such equipment in such a way as to achieve the purpose for which it is supplied. Where electric arc operators are working screens which shall be supplied and sufficient for the purpose shall be provided by the employer for the protection of employees from flash.
(viii) Safety Gear for Live Work - Adequate Safety Gear (Including Insulating Gloves, Mats and/Or Shields Where Necessary) Shall be Provided By the Employer for Employees Required to Work on Live Electrical Equipment.
(ix) Case Hardened Prescription Lenses - The employer, if it requires an employee to have his/her prescription lenses case hardened shall pay for the cost of such case hardening.
25. Working Within Skills Competency and Training
(i) The employer may direct an employee to carry out such duties as are within the limits of the employees skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling.
(ii) An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.
(iii) Any direction issued by the employer pursuant to subclause (i) and (ii) shall be consistent with the employer's responsibilities to provide a safe and healthy working environment.
26. Grievance and Dispute Resolution Procedures
In the event of any issue or grievance arising, any such issue or grievance or any other like matter shall be dealt with in accordance with the following steps:
|ISSUE |
|Step 1 - Employee/s concerned shall discuss issue/s |* Priority will be given to having most issues |
|with Foreperson or Supervisor |satisfactorily resolved within a 48-hour time frame |
| | |
|NO RESOLUTION | |
| | |
|Step 2 - Employee/s concerned (and/or Union | |
|Representative) shall discuss issue/s with Company | |
|Manager | |
|NO RESOLUTION | |
| | |
|Step 3 - Employee/s concerned (and/or Union |* Telephone or Facsimile Facilities will be Provided |
|Representative) may at the employees option contact | |
|union official | |
| | |
|NO RESOLUTION | |
| | |
|Step 4 - Union Official (and/or Employee/s | |
|Representative) shall discuss issue/s | |
|with company representatives | |
NO RESOLUTION
If settlement cannot be reached through the above steps, any party to this Award shall take the appropriate steps to have the issue/s referred to the Australian Industrial Relations Commission for conciliation and if necessary, arbitration.
While the above procedure is being carried out the ‘status quo’ will remain and work will continue in a safe normal manner and all parties to this Agreement will see that no strike, ban or limitation is in place.
27. Leave Reserved
(i) Competencies
The parties shall review the classification structure during the life of this Award with a view to introducing a competency based classification structure in the future.
(ii) Superannuation
Com 10 shall continue to nominate one (1) Superannuation Fund (at the time of the making of this award the fund is the Australian Retirement Fund) into which to contribute all employees’ superannuation entitlements. This arrangement shall be reviewed in the light of proposed superannuation legislation, if and when it is enacted, to the extent that it affects Com 10.
28. No Extra Claims
It is a term of this award that the union shall not pursue any extra claims of any kind during the life of this award.
29. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
Annexure
Part B
MONETARY RATES
Table 1 - Rates of Pay
(a) Adults
|Class |Weekly Rate as at |Weekly Rate as at |State Wage Case 2000 increases |
| |1 January 1998 |1 January 1999 | |
| |$ |$ |$ |
|C14 |426.30 |439.10 |454.10 |
|C13 |448.30 |461.80 |476.80 |
|C12 |477.70 |492.00 |507.00 |
|C11 |505.00 |520.20 |535.20 |
|C10 |546.50 |562.90 |577.90 |
|C09 |573.90 |591.10 |606.10 |
|C08 |601.20 |619.20 |634.20 |
|C07 |628.50 |647.40 |662.40 |
|C06 |683.20 |703.70 |718.70 |
|C05 |710.10 |731.40 |746.40 |
|C04 |737.90 |760.00 |775.00 |
|C03 |792.50 |816.30 |831.30 |
|C02a |819.80 |844.40 |859.40 |
|C02b |874.60 |900.80 |915.80 |
State Wage Case increases effective from date Registration of Award.
(b) Apprentices
|(i) Indentured Apprentices - The minimum weekly rates of wages for apprentices shall be as follows: |
| |Rate as at 1.1.98 |Rate as at 1.1.99 |State Wage Increases |
| |(2%) |(3%) |2000 (3.1%) |
|1st Year |166.80 |171.80 |177.10 |
|2nd Year |226.20 |233.00 |240.20 |
|3rd Year |326.75 |336.55 |347.00 |
|4th Year |375.15 |386.40 |398.40 |
|(ii) Trainee Apprentices - The minimum weekly rates of wages for trainee apprentices shall be as follows: |
|1st Year |192.05 |197.80 |203.90 |
|2nd Year |257.45 |265.20 |273.40 |
|3rd Year |360.00 |370.80 |382.30 |
|4th Year |395.05 |406.90 |419.50 |
Indentured Apprentices - The total rate of wages for apprentices in this award shall be calculated tot he nearest five cents, any broken part of five cents in the result not exceeding half of five cents to be disregarded.
Table 2 - Other Rates and Allowances
|Item No. |Clause |Brief Description |Rate as at 1.1.98 |Rate as at 1.1.99 (3% |State Wage Increase 2000|
| |No. | |(2% increase) |increase) |(3.1% increase) 2000 |
| | | |$ |$ |$ |
|1 |5(iii)(c) |Mileage allowance |0.51 per km |* |* |
|2 |6(iii)(a) |Tool allowance |9.77 per week |10.05 per week |10.35 per week |
|3 |11(I)(i) |Dirty work allowance |0.36 per hour |0.37 per hour |0.38 per hour |
|4 |11(I)(ii) |Confined space |0.45 per hour |0.46 per hour |0.48 per hour |
| | |allowance | | | |
|5 |11(I)(iii) |Insulating material |0.45 per hour |0.46 per hour |0.48 per hour |
| | |allowance | | | |
|6 |11(I)(iv)(a) |Height allowance |0.39 per hour |0.40 per hour |0.41 per hour |
|7 |11(I)(v)(a) |Wet allowance |0.36 per hour |0.37 per hour |0.38 per hour |
|8 |11(I)(vi)(a) |Hot places allowance |0.36 per hour |0.37 per hour |0.38 per hour |
|9 |11(I)(vii) |Cold places allowance |0.36 per hour |0.37 per hour |0.38 per hour |
|10 |11(I)(viii) |Explosive-powered |0.93 per hour |0.96 per hour |0.99 per hour |
| | |tools | | | |
|11 |11(I)(ix) |Toxic substance |0.46 per hour |0.47 per hour |0.49 per hour |
| |(c) |allowance | | | |
|12 |13(viii)(a) |Meal allowance |6.70 per meal |* |* |
|13 |23(iii) |First-aid allowance |1.78 per day |1.83 per day |1.89 per hour |
|14 |11(II)(iv) |Leading hand allowance |31.90 per week |32.90 per week |33.90 per week |
See Electricians, &c. (State) Award.
Process for Reclassification (C13 - C11)
Preamble
As part of the process for development of the new Enterprise Agreement for 1998 the union, Company and Consultative Committee (CC) have agreed that any employee who nominates that they think are not correctly graded, according to the C-Level classification structure, will have their classification level re-considered.
It is anticipated that this review will be carried out in the first half of 1998.
The provisional timetable is as follows:
1 March - 1 April: Nomination Forms to be submitted
1 April - 1 May 1998: Nominations to be considered and response given to employee.
1 May - 1 June 1998: Any employee who is not satisfied with the outcome of their request to be re-classified submits appeal.
1 June - 1 July 1998: All appeals to be considered and outcomes finalised.
NOTE: It is also anticipated that over the course of 1998 the current classification structure itself will be reviewed by the Consultative Committee with a view to re-writing it in such a way that it more closely reflects the current job structures performed at Com-10.
The following process describes only the initial review. Any future ongoing assessment process will be developed jointly by the parties
Process
1. Nomination for Review
1.1 It is open to any employee to nominate for a review of their C-level grading if they consider that they have attained the appropriate new skills to a competent level to warrant their position being reviewed with a view to progressing up the classification structure.
2. Assessment of Nomination
2.1 Assessment to be carried out by the Reclassification Committee comprising of the Manufacturing Manager, Human Resources Manager, Power Assembly Supervisor, PCB Supervisor, Accessories Supervisor and the Stores Supervisor. This assessment to take place between 1 May to 1 June 1998.
2.2 Individuals requesting their classification be reviewed must complete a "Reclassification Request Form" (Copy of which can be obtained from the Supervisor or HR Department). This form should include as much detailed information as possible.
2.3 The completed form should then be given to the immediate supervisor and a copy forwarded to the Human Resources Manager.
2.4 The supervisor is required to complete the appropriate section of the form, stating whether they support the request for reclassification or not, and their reasoning as to why. The form is then given to the Manufacturing Manager.
2.5 Employee is assessed according to indicative tasks related to the classification structure, position of the employee and availability of positions at the higher level classification level. A written report detailing brief reasons for the decision, if unsuccessful, is made by the HRM and given to the Employee.
2.6 It will be responsibility of individual supervisors to communicate the results of the classification requests from their employees, as well as the reasons as to why a request may have be declined and what skills and/or training is required to achieve the classification sought.
2.7 Once the report (outlined in 2.5) has been finalised the HRM will ensure that the appropriate follow-up with the employee is carried out.
2.8 This effective date of reclassification will apply only for the initial review. .Reclassifications will be effective from the date a copy of the form is received by the HR Manager (refer 2.3 above), provided that any request to the employee for additional information is satisfied promptly by the employee. If the process is delayed by the employee not promptly providing the information, the effective date will be decided jointly by the company and the union.
3. Appeal
3.1 Should any employee have any questions regarding the results of their reclassification request, they should consult their supervisor first.
3.2 Where it is considered appropriate or requested by the employee a formal meeting will be arranged with the employee. The object of this interview is to ensure that the employee fully understands and accepts the reason why their application was not successful and that they have a path identified of how to fill in any skill/knowledge gaps. The employee may be accompanied to this meeting by the union shop steward.
3.3 However, where any issue is not able to be resolved at this stage then Clause 26 "Grievance and dispute Resolution Procedure" Clause of the Award will be applied.
3.4 It should be the stated position of the appeal mechanism that it will not unreasonably disagree with the assessment carried out at the original assessment.
4. Interim Reclassification Guidelines
4.1 Progression is conditional upon the need for the skills in an area (that is available positions).
4.2 Assessment will be based on:
The criteria in the core skills and/or competencies which are relevant to that area of work.
The demonstrated ability to undertake the majority of key tasks at the acceptable standard with minimum supervision.
The demonstrated ability to work in a team environment, for example, participation, cooperation and contributing to team effectiveness.
4.3 Training Plans
A training plan will be developed as soon as possible for a person to achieve necessary skills only where:
It is determined by Com 10 that skills are needed in an area (that is, a position is available).
As a result of the initial review, a person is identified as having a skills gap (that is, has not been progressed to the higher level).
Future training needs will be discussed when Com 10 and the Union consider issues of competencies and competency based training.
4.4 Operative Date
Operative Date - it is agreed that the operative date for this initial reclassification is based on when a copy of the form is received by the Personnel Officer. Remember, you must give the original form to your supervisor at the same time. The operative date may change if you do not promptly provide any additional information that is needed to complete your assessment.
T. M. KAVANAGH J.
____________________
Printed by the authority of the Industrial Registrar.
|(886) |SERIAL C0413 |
PEABODY RESOURCES LIMITED SITE CONSENT AWARD 2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1190 of 2001)
|Before the Honourable Mr. Deputy President Harrison |6 and 13 June 2001 |
REVIEWED AWARD
1. Title
This Award shall be known as the Peabody Resources Limited Site Consent Award 2000.
2. Preamble
This Award is made between the Labor Council of New South Wales and Affiliated Unions as set out herein and The Employers' Federation of New South Wales on behalf of contractors and sub-contractors engaged on surface construction work at any location managed by Peabody Resources Limited in the Singleton North West Hunter District and Muswellbrook, and shall be known as the Peabody Resources Limited Site Consent Award 2000.
Those unions are:
The Australian Workers Union Newcastle, Central Coast and Northern Region Branch
The Construction, Forestry, Mining and Energy Union (Construction and General Division) NSW Branch
The Australian Manufacturing Workers Union, New South Wales Branch
The Electrical Trades Union of Australia, New South Wales Branch
The New South Wales Plumbers and Gasfitters Employees' Union; and
The Transport Workers' Union of Australia, New South Wales Branch
WHEREAS the Labor Council and affiliated unions and the Employers' Federation of New South Wales have mutually agreed that the wages and conditions of employment of members of the affiliated unions engaged on construction work as specified above shall be as set out herein and that this Award shall be embodied in a Consent Award as follows:
3. Arrangement
This Award is arranged as follows:
Clause No. Subject Matter
1. Title
2. Preamble
3. Arrangement
4. Period Of Operation
5. Intent
6. No Extra Claims
7. Application Of Awards
8. Wage Rates
9. Definition Of Wage Rates & Groupings
10. Tool Allowance
11. Apprentices
12. Allowances
13. Industry Convention
14. Induction
15. Protective Clothing
16. On Site Register
17. Weekly Hire
18. Inclement Weather
19. Hours of Work
20. Sick Leave
20A. Personal /Carer’s Leave
20B. Bereavement Leave
21. Annual Leave
22. Annual Leave Loading
23. Long Service Leave
24. Public Holidays
25. Dispute Procedures
26. Demarcation Disputes
27. General
27A. Anti Discrimination
28. Union Membership
29. Superannuation
30. Meetings of Employees To Discuss Award and Related Issues
31. Meal Allowance
32. Amenities
33. Workers Compensation
34. Top Up Accident Cover
35. Death and Permanent Disability Insurance
36. Termination Pay
37. Job Delegates
38. Caravan Site
39. Living Away - Distant Work
40. Safety and First Aid
41. Drug and Alcohol Policies
42. Electricians Licence
43. Visiting Union Officials
44. Unions Not Party To This Award
45. Non-Reduction
46. Limitation
4. Period of Operation
This Award shall operate from 22 March 2000 until 31 December 2001.
5. Intent
This Award shall stand on its own and shall not be affected by outside wage or condition movements. No alteration to this Award shall be made during its period of operation other than by mutual agreement of the parties or determination pursuant to Clause 25 Disputes Procedures.
This Award rescinds and replaces the Peabody Resources Limited Site Consent Award 1998.
6. No Extra Claims
It is a term of this Award that the Unions undertake not to pursue any extra claims, award or over-award and there shall be no adjustments for the term of this Award.
7. Application of Awards
The rates of pay and conditions of employment prescribed by or under the appropriate Federal or State Awards shall apply unless such rates and/or conditions are less favourable than those prescribed by this Award. Where this Award is silent the relevant Federal or State Award provision shall apply.
8. Wage Rates
All employees, members of the Unions party to this Award, shall be classified in accordance with the following groups and shall be paid the appropriate all-purpose weekly wage rate assigned hereto:
8.1 On and from 1 January 2000:
|Group AB |$793.58 |
|Group A |$756.97 |
|Group B |$734.99 |
|Group C |$720.34 |
|Group D |$691.06 |
|Group E |$669.08 |
8.2 On and from 30 June 2000:
|Group AB |$812.80 |
|Group A |$775.27 |
|Group B |$752.74 |
|Group C |$737.73 |
|Group D |$707.71 |
|Group E |$685.18 |
8.3 On and from 1 January 2001:
|Group AB |$832.50 |
|Group A |$794.03 |
|Group B |$770.94 |
|Group C |$755.55 |
|Group D |$724.78 |
|Group E |$701.69 |
8.4 On and from 30 June 2001:
|Group AB |$852.71 |
|Group A |$813.28 |
|Group B |$789.62 |
|Group C |$773.30 |
|Group D |$742.31 |
|Group E |$718.65 |
The total rates shown in the Award are the maximum and minimum rates of pay to be paid on site and comprehend all award and over-award payments including but not limiting the generality of the foregoing, to payments for travelling time, travelling allowances, fares, site disabilities (such as space, height, dirt), award special rates, (such as confined space, wet work etc.), follow the job loadings, compensation for travel pattern mobility requirements etc, inclement weather, wind dust, etc, but exclude those allowances contained separately in this Award.
The rates expressed in this Clause are based on a weekly rate of pay for 38 hours ordinary time worked.
Wages may be paid in cash or by electronic funds transfer into an account/s nominated by the employee, in the name of the employee.
9. Definition of Wage Rates & Groupings
9.1 GROUP AB
Tradesperson Special Class
GROUP A
All Tradesmen
Dumper Operators over 41 tons
Excavator Operators over 2 yards
Mobile Cranes 41 tons to 165 tons
Transport Worker, Grade 6, 7 and 8
including Agitator Driver over 30,650 kg
Tractor Operators over 296 bhp to 600 bhp
GROUP B
Rigger
Batch Plant Operator
Agitator Driver/Concrete Pump Operator
Batch Plant Weigher and Batcher
Dumper Operators 12 to 40 tons
Excavator Operators + 3/4 to 2 yards
Grader Operators over 100 bhp
Mobile Cranes up to 40 tons
Greaser Field Service Truck
Tractor Operators 66 to 295 bhp
Transport Worker, Grade 4 and 5
GROUP C
All Dogman
Bituminous Spray Operators
Driller's Assistant
Driller Operator - Shot drilling machine
Dumper Operators up to 12 tons
Excavator Operators up to 3/4 yards
Grader Operators up to 100 bhp
Group 3 and 4 (AWU labourers)
Group 1 and 2 (CFMEU labourers)
Road Roller Operators
Steel Fixer/Concrete Finisher
Tractor Operators up to 65 bhp
Transport Worker, Grade 1, 2 and 3
GROUP D
Crane Chasers (engaged in loading and unloading and/or work associated with storage areas)
Laboratory Labourers
Group 2 (AWU labourers including AWU storemen)
Sheet Metal Workers 2nd class
Winch Drivers
Group 3 (CFMEU labourers)
GROUP E
Cold Saw Operator
Dresser and Grinder
Storemen
Survey Field Hands
Tradesperson's Assistants
9.2 Subject to the operation of sub-clause 9.3 herein, operators of tower cranes over 100 tons and operators of tractors in excess of 501 bhp shall receive a margin of $13.00 per week, and operators of mobile cranes in excess of 165 tons shall receive $1.73 per week for each 5 tons over 165 tons, in excess of Group A weekly rate.
9.3 Leave is reserved to the unions to pursue the insertion of new classifications and/or new classification structures pursuant to changes to the parent awards. Further, leave is reserved to the unions in respect of Electrical Instrument Tradesman at the rate of 110% of Group A.
9.4 The Employers' Federation, Unions and the Labor Council have agreed, that, as parent Awards, to which employees may relate are varied to include career path structures, training and multi-skilling they shall meet regularly:
(a) To ensure that the benefits of the restructuring process flow to these work places as required by the employer and consistent with the needs of the project, employers will provide every reasonable opportunity for employees to acquire new skills and to put to use the skill they have acquired.
(b) To ensure that training is continued by employees whilst engaged at these work places.
(c) The parties agree that in the event of any variation of the Award to reflect agreed new classification(s), employees will be offered to undertake training where required for a wider range of duties and/or to access higher classification levels when competent.
9.5 The parties agree that an important facet of the Structural Efficiency Principle is to create greater flexibility in working patterns and arrangements. Accordingly the parties will actively work to introduce changes, which will enhance flexibility and efficiency in a positive manner to both employer and employee.
10. Tool Allowance
10.1 In addition to the wage rates shown above, all Tradesmen shall be paid, for all purposes, The Tool Allowance applicable to Carpenters under the National Building and Construction Industry Award 1990, as varied from time to time.
10.2 Where an employer provides all tools of trade to an employee, no tool allowance as provided by this award shall apply. Tools provided in accordance with this clause remain the property of the employer.
11. Apprentices
11.1 Apprentices employed on site will, in addition to the other benefits contained in this Award, be paid the following percentage of the Group A Total Rate plus Tool Allowance.
|1st Year |42% |
|2nd Year |55% |
|3rd Year |75% |
|4th Year |88% |
11.2 Apprentices who attend a Technical College course on a prescribed rostered day off shall be afforded an alternative day to be mutually agreed and which will be within the five working days occurring after the prescribed rostered day off.
11.3 The Contractor or their sub-contractors will, when engaging labour, give preference to local resident apprentices whose training has been interrupted beyond their control.
However, it is to be clearly understood, no Company is to be bound to employ extra labour or apprentices if by doing so would displace other employees already employed by that Company.
12 Allowances
The following allowances shall be paid as they are prescribed in the relevant Award.
(i) Leading Hand
(ii) Operator in charge of Plant
(iii) Dual Lift by Crane Drivers
(iv) Employee carrying grease and oil in own vehicle
(v) Registration/Licence allowances
(vi) Explosive Powered Tool
(vii) First Aid
(viii) Heavy Blocks
(ix) Towers Allowance
(x) Excess Fares and Travel
13. Industry Convention
13.1 The parties are aware of the convention of some suppliers, contractors and sub-contractors in the construction industry making payments to persons they engage, in excess of the relevant awards by private treaty, for incentive purposes, or for the purpose of attracting labour.
13.2 The unions party to this Award herewith agree and declare that they will not seek to increase any payment required by the terms of this Award as a result of a private treaty as described in 13.1 above, nor will they seek redress from the Project Manager or intervene as a result of such a treaty, providing that such contractor/sub-contractor complies with the terms of this Award and providing that such payments were an established practice prior to such company commencing work on the project.
14. Induction
14.1 All employees shall attend a Construction Site Induction Course which in addition to other matters shall cover Site Safety Procedures and the provisions of this Award prior to the commencement of work on site.
14.2 The induction course shall be conducted at a central location by the employer’s representatives.
14.3 The names, classifications and union affiliation (where applicable) of employees attending the course along with the name of the employer shall be forwarded to the Labor Council of New South Wales, Northern Regional Office.
15. Protective Clothing
All employees so entitled under this clause shall be issued with protective clothing and footwear as prescribed under sections 15.2 (a), 15.2 (b), 15.2 (c) of this clause.
15.1 In the case of an employee who is transferred to a project site under this Award from another project site (whether covered by this Award or not) where an issue of protective clothing and/or safety footwear was made, the said employee will not be entitled to an issue on this site until the expiry of a calendar year from the date of the original issue. The operation of this sub-clause is subject to the provisions of 15.2(e)(ii) of this clause.
15.2 Employees who receive from their employer an issue of protective clothing and/or safety footwear as part of that particular company's policy will not be entitled to the provisions of this clause.
(a) Safety footwear
Appropriate safety footwear shall be supplied to all employees upon their commencement on-site.
(b) Clothing
One set of protective clothing shall be supplied to all employees upon commencement on site.
A second set of protective clothing shall be supplied to employees upon the completion of a period of three months on site.
(c) Each employee after accumulated employment on-site of 76 hours shall be eligible to be issued with one warm water resistant jacket, which will be issued between 1st May and 1st September. Electricians shall be issued with a woolen jacket in lieu thereof.
(d) A set of protective clothing shall consist of:
One (1) Shirt and one (1) Pair Trousers or Shorts; or
One (1) Shirt and one (1) Pair Bib and Brace Overalls; or
One (1) Pair of Combination Overalls
(e) Hard hats - optional wide brim/flap hard helmets, safety glasses (tinted or clear) as per AS1336/8 shall be stored and issued by the contractor.
NOTE:
(i) Items (a) and (b) of the foregoing will be Australian made products.
(ii) All items contained in this Clause (15) will be replaced on a fair, wear and tear basis, provided that they are produced to the employer as evidence.
(iii) Under no circumstances will monies be paid in lieu of clothing issue referred to in this clause.
Provided further, that if an employee leaves his employment within three (3) weeks of commencement he will reimburse the employer or the employer may deduct from the monies otherwise payable the following proportion of the purchase cost of the protective clothing:
|After one week |2/3 of the cost |
|After two weeks |1/3 of the cost |
Any employee who is retrenched through lack of available work within three (3) weeks from the commencement of his employment will not be required to reimburse the employer for the protective clothing.
16. On Site Register
The Project Manager will require that all contracts with Contractors include the following terms and conditions:
(a) That all sub-contracts shall be in writing, and
(b) That this Award shall form part of the conditions of such contracts, and bind all such contractors and sub-contractors, and
(c) That sub-contractors will be required to meet all statutory, award and legal obligations for their employees.
(d) That there shall be no 'pyramid sub-contracting, all-in-payments, or cash-in hand'. Should any suspected deviation from the foregoing be found to exist, the union concerned will notify the contractor and the Project Manager immediately for investigation. If found to be correct, such deviation will be stopped immediately, rectified and all and statutory entitlements shall be paid.
The Project Manager shall instruct each contractor to keep, on site a register containing information of every employer and employee engaged on the site. Each contractor shall supply a copy to the Project Manager. The Register shall contain the following:
16.1 From employees:
Prior to commencing work on site employees must provide and certify as correct to their employer, who will provide to the Project Manager, the following information:
(a) Name and address of Employee
(b) Classification and Certificate details
(c) Induction Date
(d) Start Date on Construction Site
(e) Union and ticket number (where applicable and if voluntarily provided)
(f) Superannuation scheme name and employee number
(g) Long Service Leave number
(h) D.I.R.E. ticket/permit numbers
(i) Redundancy Trust Fund Name and Number
(j) Definition stemming from Clause 39 of this Award (See Appendix "A")
(k) CTAS Number
Failure to comply with this clause may result in employees being removed from the Project.
16.2 From employers:
Prior to commencing work on site employers must provide and certify as correct and current the following information to the Project Manager:
(a) Registered business name and address of employer and ACN number
(b) Workers Compensation Policy Number, Underwriter and Currency Certificate.
(c) Public Liability Policy Number, Underwriter and Currency Certificate
(d) Superannuation Fund name and employer number
(e) Long Service Leave employer number
(f) Redundancy, Trust name and employer number
(g) Travel and/or living away from home declaration (see Appendix "A")
(h) Employer Declaration of Adherence (see Clause 27)
(i) CTAS Number
Failure to comply with this clause may result in persons being removed from the Project.
17. Weekly Hire
17.1 Employees of contractors engaged under this award shall be employed on a weekly basis.
17.2 Employment may be terminated by the employee or the employer upon the giving of a week’s notice or forfeiture of a weeks pay in lieu of notice.
17.3 Provided that this clause shall not apply to casual, temporary or part time employees.
18. Inclement Weather
Where an employee(s) who is employed by the week in accordance with Clause 17 herein believes they are experiencing inclement weather conditions the following procedure shall apply.
18.1 The employee shall notify their employer that they believe they are experiencing inclement weather conditions;
18.2 Their employer’s representative will consult with the affected employee(s) and inspect the work area(s);
18.3 In the first instance the employer’s representative will determine whether inclement weather conditions are being experienced and will consult with affected employees seeking their view and, work options where available;
18.4 Where inclement weather conditions are being experienced the provisions of the National Building and Construction Industry Award shall apply.
19. Hours of Work
19.1 The ordinary hours of work on the project will be 38 hours per week, and the daily spread of ordinary hours will be worked as agreed between the employer and employee. The method of implementation of the hours worked on the project will be in line with a 19-day month.
19.2 Overtime
19.2.1 All time worked outside the ordinary working hours prescribed by this Award shall be paid for at the rate of time and one half for the first two hours and double time thereafter.
19.2.2 Overtime worked on Saturdays shall be paid for at the rate of time and one half for the first two hours and double time thereafter, provided that all work after twelve noon on Saturday will be paid for at the rate of double time. An employee required to attend work on a Saturday shall be paid for a minimum of four hours work at the appropriate rate.
19.2.3 All Sunday work shall be paid for at the rate of double time. An employee required to work on a Sunday shall be paid for a minimum of four hours work at the appropriate rate.
19.2.4 The assignment of overtime by an employer to an employee should be based on specific work requirements and the practice of "one in all in" on overtime shall not apply.
19.3 Shift Work
Where it is necessary that work be performed in shifts, the following conditions shall apply:
19.3.1 For the purpose of this sub-clause "Afternoon Shift" means a shift finishing after 6.00pm. and at/or before 11.00pm. "Night Shift" means a shift finishing after 11.00pm and at/or before 7.00am.
19.3.2 Other than work on a Saturday, Sunday or holiday, the rate of pay for afternoon or night shift shall be time and a half, provided that the employee is employed continuously for five shifts Monday to Friday in any week. The observance of a holiday in any week shall not be regarded as a break in continuity for the purpose of this sub-clause.
19.3.3 An employee who is employed for less than five consecutive shifts Monday to Friday shall be paid for each day he works on any of the shifts referred to in sub-clause 19.1 hereof at the rate of time and a half for the first two hours and double time thereafter provided that when a job finishes after proceeding on shift work for more than one week, or the employee terminates his services during the week, he shall be paid at the rate specified in sub-paragraph 19.3.2 hereof for the time actually worked.
19.3.4
(1) The ordinary hours of both afternoon and night shifts shall be eight hours daily inclusive of a meal break of 30 minutes on each shift, provided that where shift work comprises three continuous and consecutive shifts of eight hours each per day, a crib time of 20 minutes in duration shall be allowed without deduction of pay in each shift, such crib time being in lieu of any other rest period or cessation of work elsewhere prescribed by this Award.
(2) For the purpose of this clause an employee shall not be required to work for more than five hours without a meal break.
19.3.5 Employees on shift work shall accrue 25.26 minutes for each eight-hour shift worked to allow one complete shift to be taken as a paid shift every 20-shift cycle. This 20th shift shall be paid for at the appropriate shift rate as prescribed by this clause. Paid leave taken during any cycle of four weeks and public holidays as prescribed by Clause 24, Public Holidays of this Award, shall be regarded as shifts worked for accrual purposes. Except as provided above, employees not working a complete four-week cycle shall be paid accrued pro-rata entitlements for each shift worked on the programmed shift off, or in the case of termination of employment, on termination.
19.3.6 An employee shall be given at least 48 hours notice of a requirement to work shift work.
19.3.7 The hours of shift workers when fixed, shall not be altered except for breakdowns or other causes beyond the control of the employer, provided that notice of such alteration shall be given to the employee not later than ceasing time for the previous shift.
19.3.8 Employees rostered for work on a Saturday or a Sunday shall be afforded the provisions of sub-clause 19.2 of this clause.
19.3.9 For all work performed on a holiday, the provisions of Clause 24 of this Award shall be apply in lieu of the rates prescribed in this clause.
19.3.10 Work in excess of shift hours, other than holidays, shall be paid for at double time, provided that these rates shall be based in each case on ordinary rates.
19.4 Weekends and Holidays
19.4.1 Where shifts commence between 11.00 pm and midnight on a Sunday or holiday, the time so worked before midnight shall not entitle the employee to the Sunday or holiday rate; provided that the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or holiday and extending into a Sunday or holiday shall be regarded as time worked on such Sunday or holiday.
19.4.2 Where shifts fall partly on a holiday, that shift, the major portion the ordinary hours of which falls on a holiday shall be regarded as the holiday shift. Provided that an ordinary night shift commencing before and extending beyond midnight Friday shall be regarded as a Friday shift.
19.5 Smoko Break
A paid fifteen (15) minute smoko break shall be allowed to all employees covered by this Award, once each shift, Monday to Friday. The employees shall take the break in a crib room at a time mutually agreed upon between the employer and the employees.
19.6 Rostered Day Off
19.6.1 The employer and employees shall agree upon arrangements for rostered paid days off during the 20 day cycle or for accumulation of accrued days to be taken at or before the end of the particular contract provided that such accumulation shall be limited to not more than five such accrued days and when taken, the days shall be regarded as days worked for accrual purposes in the particular 20 shift cycle. Once such days have been rostered, they shall be taken as paid days off and shall not be changed.
19.6.2 This provision shall not, however, prohibit an employee from working on his rostered days off once scheduled where this is required by an employer for emergency reasons, but in such cases the employee shall be paid the penalty rate prescribed in sub-clause 19.2.1 of this clause, and any accrued entitlements standing to such employee's credit shall be preserved and shall not be paid in lieu of time off. Contractors will be provided with a published list of RDO's.
20. Sick Leave
An employee other than a casual employee as defined in the appropriate award, who is absent from his work on account of personal illness or injury, other than that covered by workers' compensation, shall be entitled to leave of absence without deduction of pay, provided that:
20.1 Within 24 hours of the commencement of such absence the employee shall inform the employer of his inability to attend for duty, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence.
20.2 The employee shall prove to the satisfaction of his employer (or in the event of a dispute, the Arbitrator) that he was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.
20.3 An employee during his first year of employment with an employer shall be entitled to sick leave entitlement at the rate of 0.833 of a day at the beginning of each calendar month of the employee's employment.
Provided that an employee who has completed one year of continuous employment shall be credited with a further 10 days sick leave entitlement at the beginning of the employees second and each subsequent year, which subject to sub-clause 20.7 hereof shall commence on the anniversary of the engagement.
20.4 In case of an employee who claims to be allowed paid sick leave in accordance with this clause for an absence of one day only, such employee if in the year he has already been allowed paid sick leave on two occasions for one day only, shall not be entitled to payment for the day claimed unless he produces to the employer a certificate of a duly qualified medical practitioner certifying that the employee was unable to attend duty on account of personal injury or illness.
An employer may agree to accept from the employee a statutory declaration stating that the employee was unable to attend for duty on account of personal illness or injury in lieu of a medical certificate.
Nothing in this sub-clause shall limit the employer's rights under sub-clause 20.2 hereof.
20.5 Sick leave with an employer shall accumulate from year to year so that any balance of the period specified in sub-clause 20.3 hereof which in any year has not been allowed to an employee by that employer as paid sick leave may be claimed by the employee and subject to the conditions herein prescribed shall be allowed by that employer in a subsequent year, without diminution of the sick leave prescribed in respect of that year. Sick leave, which accumulates pursuant to this sub-clause, shall be available to the employee for a period of ten years.
20.6 Any sick leave for which an employee becomes eligible under this Award by reason of service with an employer shall not be cumulative upon sick leave for which the employee may become eligible by reason of subsequent service with another employer.
20.7 If an employee is terminated by his employer and is re-engaged by the same employer within a period of six months, then the employee's unclaimed balance of sick leave shall continue to accrue from the date of re- engagement.
The period of interruption shall not be counted as service for the purposes of sick leave.
20. A. Personal/Carer’s Leave
20.A.1 Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c) of this subclause, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 20, Sick Leave, for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, the employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(c) a child or an adult child (including an adopted child, a step- child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same household where, for the purposes of this subparagraph:
(1) "relative" means a person related by blood, marriage or affinity;
(2) "affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and
(3) "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
20.A.2 Unpaid Leave for Family Purpose
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who is ill.
20.A.3 Annual Leave
(a) An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single-day periods, or part thereof, in any calendar year at a time or times agreed to by the parties.
(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.
20.A.4 Time Off in Lieu of Payment for Overtime
(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of clause 19, Overtime, the following provisions shall apply:
(b) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.
(c) Overtime taken as time off during ordinary-time hours shall be taken at the ordinary-time rate, that is, an hour for each hour worked.
(d) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.
(e) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.
20.A.5 Make-up Time
(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours and works those hours at a later time during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.
20.A.6 Rostered Days Off
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part-day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union, which is both party to the award and which has members employed at the particular enterprise, of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union(s) to participate in negotiations.
20.B. Bereavement Leave
20.B
1. An employee, other than a casual employee, shall be entitled to two days bereavement leave without deduction of pay on each occasion of the death of a person as prescribed in subclause (iii) of this clause. Such leave shall commence on the day immediately following such death.
20.B
2. The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.
20.B
3. Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 20A, Personal/Carer’s Leave , provided that, for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.
20.B
4. An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.
20.B
5. Bereavement leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), and (5) of the said clause 20A. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.
21. Annual Leave
21.1 An employee who is granted annual leave and receives payment therefore at a date subsequent to his having been transferred by his employer from the construction site to another work location or from another work location to the construction site of the same employer, is entitled to receive the benefit of the provisions of this Award in respect of that period of his work which was performed on this construction site.
21.2 Accordingly, employees transferring with the one employer shall upon termination of their employment at the construction site be paid an amount in respect of each week of employment on the construction site equal to the difference between the employees classification rate under this Award and the employees normal rate (Shop Rate) in respect of annual leave accrued whilst on the construction site. Such amount shall include the annual leave loading.
22. Annual Leave Loading
In addition to allowances prescribed by this Award, an employee shall receive during a period of annual leave, a loading of seventeen and one-half per cent (17.5%) calculated on the wage rates prescribed by this Award. The loading prescribed above shall also apply to proportionate leave on lawful termination.
23. Long Service Leave
In respect of the Building and Construction Industry Long Service Leave Payments Act the Project Manager shall ensure any contracts with contractors includes the following provisions:
23.1 Upon entering into a sub-contract the contractor shall obtain evidence from the Long Service Leave Payment Corporation to confirm registration, and present such evidence to the Project Manager before commencement.
23.2 At the time of receiving the final contract payments sub-contractors will be required to certify to the Project Manager that they have fully complied with all of their obligations under the said Act.
23.3 Where an accredited official of a union wishes to check to see whether all the provisions of the Act are being complied with, he shall be entitled to do so after two (2) working days of providing written notice to the employer concerned.
23.4 Upon termination, employers must include the Long Service Leave Certificate of Service in every employees final pay envelope, or not later than 30 days after termination. That certificate must be correctly issued with all details and a correct copy sent to the Long Service Leave Corporation. The employer must ensure that the employee's long service leave number is recorded and issued on every certificate. All employees employed as at 30 June each financial year must receive a certificate for that preceding period within 30 days thereafter.
24. Public Holidays
24.1 An employee, other than a casual employee (as defined by the appropriate award or industrial agreement) shall be entitled to the following holidays without deduction of pay, provided however, that if any other day be, by a State Act of Parliament or State Proclamation substituted for any of the said holidays, the day so substituted shall be observed: New Year's Day, Australia Day, Good Friday, Easter Monday, ANZAC Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, Newcastle Show Day or local show day as gazetted Picnic Day - 1st Monday in December
24.2 Easter Saturday - only an employee who normally works ordinary time, not overtime, on Easter Saturday shall be entitled to an ordinary days pay if Easter Saturday is not worked and not otherwise. All employees shall be entitled to public holiday penalty rates if Easter Saturday is worked.
24.3 Where an additional or substitute public holiday is proclaimed the existing Award arrangements shall apply.
24.4 Provided that:
24.4.1 An employer who terminates the employment of an employee except for reasons of misconduct or incompetency (proof of which shall lie upon the employer) shall pay the employee a day's ordinary wages for each holiday, which falls within 10 consecutive days after the day of termination.
24.4.2 Where any two or more of the holidays prescribed in this Award occur within a 7-day span, such holidays shall for the purpose of this Award be a group of holidays. If the first day of the group of holidays falls within 10 consecutive days after termination, the whole group shall be deemed to fall within the 10 consecutive days. Christmas Day, Boxing Day, and New Year's Day shall be regarded as a group.
24.4.3 No employee shall be entitled to receive payment from more than one employer in respect of the same public holidays or group of holidays.
24.4.4 An employee who has worked as required by his employer the working day immediately before and the working day immediately after such a holiday or is absent with the permission of his employer or is absent with reasonable cause, shall be entitled to payment for the public holiday. An absence arising by termination of employment shall not be reasonable cause.
24.5 All employees shall, as far as practicable, be given and shall take Picnic Day and shall be paid therefore eight hours work at the rate of pay prescribed in Clause 8 of this Award.
24.5.1 Where an employee's parent award so provides, an employer may require from an employee evidence of his attendance at the picnic and the production of the butt of a picnic issued for the picnic shall be sufficient evidence of such attendance. Where such evidence is requested by the employer payment need not be made unless the evidence is produced.
24.5.2 Where an employer holds a regular picnic for his employees on some other working day during the year, such day may be given and may be taken as a picnic day in lieu of the picnic day here fixed.
24.6 All work performed on any of the holidays prescribed in this clause or substituted in lieu thereof, shall be paid for at the rate of double time and a half (i.e. 2-1/2 times).
24.7 An employee required to work on a holiday shall be afforded at least four hours work or paid for four hours at the appropriate rate.
25. Dispute Procedures
Disputes arising between contractors or sub-contractors and their employees at the site in respect of awards and/or this Award shall be settled in accordance with the procedure set out below:
25.1 Where an employee or a shop steward has submitted a request concerning any matter directly connected with employment to a foremen, or a more senior representative of management and that request has been refused, the employee may, if he so desires, ask the shop steward to submit the matter to management and the matter shall then be submitted by the shop steward to the management.
The employer shall reply promptly.
25.2 If not settled at this stage, the matter shall be formally submitted by a State Official of the Union to the employer.
25.3 If not settled at this stage, the matter shall be discussed between such representatives of the Union as the Union may desire and the employer, who may be accompanied by or represented by such officers or representatives of an Association of employers as the employer may desire.
25.4 If the dispute is not resolved the Labor Council shall be advised to enable it to assist in a resolution of the dispute.
25.5 Where the parties fail to resolve the dispute in accordance with 25.4 above, it is agreed that a notification shall be made to the Industrial Commission of New South Wales pursuant to the Industrial Relations Act 1999 for the express purpose of ensuring all avenues of Conciliation and Mediation are fully explored.
25.6 If the parties fail to resolve the dispute in accordance with 25.5 above, they may, by agreement, request the Commission to assist in resolving the matter by adopting the role of arbitrator pursuant to the Act.
25.7 Where the procedures from 25.1 to 25.6 are being followed or where it is agreed to proceed to arbitration, work shall continue normally.
No party shall be prejudiced as to final settlement by the continuance of work in accordance with this sub-clause.
In the event that any dispute appears likely to remain unresolved or that stoppages of work or bans and limitation have been placed on the performance of work or that lockouts or blatant breaches of the Award and its intent by the Company is likely to thereby negate the intent of the Settlement of Dispute Procedure, which of itself places in jeopardy the continuance of the parties desire to participate in the Award, nothing in this clause shall restrict a union or the Company referring the matter to the Industrial Commission of New South Wales or from that body exercising its statutory powers.
26. Demarcation Disputes
26.1 It is recognised by all parties to this Award that because of the unique nature of these sites, i.e. the mix of work, size of total work area and location involved, there is a genuine need to have in place a mechanism capable of swiftly dealing with demarcation issues as they arise.
It is therefore agreed that:
26.1.1 As work is confirmed, and where potential demarcation problems are evident, full discussion shall take place between the Contractor/Sub-contractor and the appropriate union representatives. If not resolved at this level the Project Manager shall advise the Labor Council of New South Wales. The Project Manager shall take this action at least five (5) working days prior to the actual commencement of the work. The Council, when so advised will arrange for discussions to take place within the Trade Union movement.
26.1.2 Nothing in this sub-clause shall operate so as to prevent work from commencing or continuing as contracted, after the expiry of the five (5) working days mentioned in 26.1.1 above.
26.2 If not resolved at this level, the issue shall be dealt with in accordance with sub-clauses 25.4 and 25.5 of Clause 25 of this Award.
26.3 All parties agree that the outcome of any matter dealt with by the terms of this clause shall not be used as a precedent, reference, example or exhibit in any way whatsoever in matters arising from this or any other work location.
26.4 Whilst this procedure is being followed, work shall continue normally on the basis of the initial or existing allocation of Union coverage.
26.5 Should a demarcation dispute arise subsequent to work commencing then the procedure as outlined in sub-clauses 26.1 to 26.4 of this Clause will be followed, excluding the reference to 5 working days.
26.6 Nothing in this clause shall be read by any party to mean that an employer or a union has abrogated their rights in relation to the settlement of any demarcation dispute.
27. General
27.1 Notwithstanding the terms of this Award, contractors will endeavour where possible to recruit and employ local labour directly for their site work needs. The Project Manager shall be responsible for ensuring that all contractors and sub-contractors fulfil their obligations and meet the entitlements of their employees.
27.2 All contractors and sub-contractors shall supply a declaration that they shall abide by the provisions of this Award made by agreement between the Labor Council and the Employers' Federation.
The Project Manager will ensure that the appropriate union representative employed by the company is kept advised in respect of subcontractors coming on site. Contractors will ensure that employees hold the necessary qualifications. The practice of all-in-payments, cash in hand payments or pyramid contracting will not be tolerated on site.
27. A. Anti-Discrimination Clause
27.A
1. It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the ground of race, sex, marital status, disability, homosexuality, transgender identity and age.
27.A
2. It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.
27.A
3. Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
27.A
4. Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practise of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
27.A
5. This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
28. Union Membership
To the extent that the appropriate legislation permits, contractors and sub-contractors shall give favourable consideration to the employment of financial members of the appropriate union respondent to this Award.
Union membership shall not of itself in any way limit the operation of Clause 9 of the Award with respect to the duties of any employee.
29. Superannuation
29.1 Employees of contractors and sub-contractors covered by this Award shall, whilst they are engaged on this site, be covered by an appropriate construction superannuation scheme such as C+BUS or NESS, or other approved superannuation scheme.
29.2 Employers shall contribute $55 per employee per week in respect of each employee engaged on a construction site under this award whilst so engaged:
29.3 Construction work to be performed under this Award shall be under the definition of construction work contained in the Trust Deed or Deed of Adherence of the appropriate superannuation scheme.
30. Meetings of Employees to Discuss Award & Related Issues
One hour per month shall be allowed to employees during ordinary working time to discuss matters related to the operation of this award and/ or other related issues, including matters relating to the employee’s union. This meeting shall commence as near as practicable one hour prior to the normal lunch break observed by the majority of contractors employees engaged on the project site on a day agreed between the Project Manager and employee representatives engaged on the Project site. Once established, no alteration is to be made to the scheduled date unless otherwise agreed.
Such meetings shall only proceed where a party to this award with members on site confirms to the Project Manager their desire to conduct a meeting at least two (2) days prior to the scheduled date.
Any time lost during ordinary working hours by attendance at unauthorised meetings shall not be paid and shall be deducted against the one-hour allowance.
31. Meal Allowance
Meal allowance entitlements shall be as prescribed under the National Building and Construction Industry Award as varied from time to time.
32. Amenities
32.1 Amenities as prescribed in the Code of Practice - "Amenities for Construction Work" are to be provided.
32.2 All lunch sheds shall contain reverse cycle air conditioning and shall be kept clean.
32.3 Each Contractor shall ensure that amenities are provided by all sub-contractors and comply with 32.1and 32.2 above.
33. Workers Compensation
33.1 The Project Manager shall instruct all contractors that it is a term and condition of their contract that they and all sub-contractors shall ensure that all workers that they engage to work on the project are covered by New South Wales Workers' Compensation Insurance and are aware of their responsibilities under the legislation which is current at the time.
33.2 The Project Manager shall instruct all contractors that it is a term and condition of their contract that they and all sub-contractors engaged on the project recognise and shall comply with the following Workers Compensation agreement for the expedited payment of compensation.
33.2.1 All employees covered under this Award shall report injuries and comply with claims requirements at the earliest possible date after injury.
33.2.2 In cases where the person is not in a position to comply with 33.2.1 the relevant union may assist him in fulfilling claim requirements.
33.3 If the employer and the Insurer are satisfied that an injury sustained by an employee is compensable, the employer shall make workers' compensation payments by normal pay days where practicable, provided written information required has been received from the employee or his/her representative.
33.4 When a claim is disputed, each case will be examined on its merits and the employee advised not later than two weeks following the date of written notification by the employee (or his/her representative) of the accident whether or not liability is denied, or the status of the employee’s claim.
33.5 The Project Manager must be notified of all accidents on site immediately. A Project Site Accident Book must be kept by each contractor who must ensure all injuries are reported in both the permanent accident book and the Project Site Accident Book.
34. Top Up Accident Cover
In addition to the benefits arising under Clause 33 herein, contractors and sub-contractors shall contribute on behalf of their employees employee into Coverforce Top-Up Accident Scheme (CTAS) or other union approved income protection scheme (whose cover at least equates to that of CTAS), an amount up to that required by CTAS to provide twenty four hour accident protection seven days a week.
35. Death and Permanent Disability Insurance
35.1 The Project Manager will ensure that all Contractors and Sub-Contractors effect and maintain a 24 hour death or permanent disability insurance cover of $50,000 on all employees who are engaged on the project who are not already covered by the available recognised industry schemes, e.g. C+BUSS, NESS, or other union approved construction superannuation schemes.
35.2 Such payment shall be made by the Insurer within 14 days of the production of the appropriate documentation.
35.3 Where a contractor or sub-contractor provides 24-hour death or permanent disability insurance cover of $50,000 or more, they shall be relieved from the provisions of this clause.
36. Termination Pay
36.1 In lieu of award termination and redundancy payments otherwise payable, contractors and sub-contractors shall contribute into ACIRT or an approved Occupational Redundancy Fund, an amount of $55 per week per employee, in respect of each completed week of employment at the construction site and shall for the term of their contract on the construction site complete a Deed of Adherence which shall apply in respect of employees whilst they are engaged at the construction site.
37. Job Delegates
37.1 It is recognised by contractors and sub-contractors that job delegates have an essential and important role on site in representing their union and its members. It is fundamental to this Award that the parties will not permit discrimination against job delegates in any part of the contract of employment. Absolute recognition of the rights of job delegates as defined in the appropriate Parent Awards shall be given.
37.2 Job delegates of the respective unions will be recognised by the contractor and/or sub-contractors and shall be allowed time off with pay for up to six (6) days in any one year to attend Trade Union Training schools conducted by unions and/or TUTA providing that reasonable notice is given to the respective employer of the day or days that a course will take place and adequate discussion in relation to the total numbers attending has taken place with the Prime Contractor.
37.3 Job delegates shall be permitted use of the contractor’s telephone in a private area for union business related to the projects covered by this Award.
38. Caravan Site
38.1 Contractors and/or sub-contractors who employ persons who would be entitled to a Caravan Allowance under the appropriate Parent Award shall, in lieu of such allowance either provide the employee with a caravan site or reimburse to the employee upon proof the actual cost of a caravan site. Itinerant workers shall be entitled to either a caravan site or be reimbursed the actual cost of a caravan site upon proof.
38.2 This clause shall apply to an employee who resides in a caravan (either owned or rented) for the purpose of following his employment from site to site providing that:
(1) The employee has been directed by his employer to reside in the caravan in order to work at the employer's site; or
(2) The employee elects to reside in the caravan because it is impracticable to travel to and from the employer's site and the employee’s original place of residence.
NOTE:
The employee's original place of residence shall be taken to mean his residence immediately prior to becoming a caravan dweller.
The employee having established at the commencement of his employment at a particular site that he is not a caravan dweller, will not be eligible to the benefits of this clause whilst working at that site.
(3) An employee referred to in sub-clause (1) of this clause shall be paid the allowance prescribed by Clause 35 of the Plant Operators on Construction Award. Such allowance shall take account of all expenses incurred by the employee in connection with his occupation of the caravan, and shall not be wages for the purpose of this Award.
(4) The allowance payable pursuant to sub-clause (2) of this clause shall be in substitution for and not additional to any payment otherwise due pursuant to Clause 33, Country Work, or Clause 34, Camping Area of the Plant Operators on Construction (State) Award; provided that the employee shall not be entitled to the allowance prescribed in sub-clause (2) of this clause for any working day in which he is absent from duty except in cases of sickness or for any reason beyond the employees control.
(5) This clause will not apply to any employee whose employer is paying an allowance for the use of the employee’s caravan following custom and practice or agreement under conditions not less favourable than the provisions of this clause.
39. Living Away - Distant Work
39.1 Entitlement
39.1.1 The employer shall provide a distant worker with reasonable board and lodging at no cost to the employee or pay the living away from home allowance contained in the contractor’s parent award when employed on the construction site at such distance from the employee’s usual place of residence that the employee cannot reasonably return each night.
39.1.2 The employer shall provide an itinerant worker with acceptable board and lodging at reasonable cost.
39.2 Procedure
39.2.1 The employer shall advise applicants for employment of their entitlement under this clause at the time of the interview.
39.2.2 The employer shall determine whether the employee is correctly defined as a "distant worker", "itinerant worker" or "local worker". The appropriate definition shall be shown on the employer's records when the employee completes the Travel and/or Living Away from Home Declaration (See Appendix "A") made at the pre-employment interview.
39.2.3 An employer shall not, under any circumstances, attempt to persuade or induce applicants for employment to provide a local address as the usual place of residence in an effort to avoid the employer's obligations under this clause.
39.3 Excess Fares and Travel
39.3.1 An employee who resides more than 50 km from the site and who travels more than 50 km by road each way to and from the site each day shall be entitled to a minimum travel time payment of half an hour each day at ordinary rates. If the travelling time beyond the 50 km is in excess of half hour each day, the actual time travelled beyond the 50km shall be paid at ordinary rates in increments of 0.25 hours.
Provided that, if the employee uses their own private vehicle to travel to and from the site the employee shall be entitled to forty ($0.40) cents per km for each km travelled in excess of 50 km.
Provided further, this payment shall not be made if the employer provides or offers to provide transport to and from site each day.
39.4 Disputes
Disputes, arising from application of this clause will be subject to resolution in accordance with Clause 25 herein. In the event of a dispute all relevant documentation will be made available to the Tribunal dealing with this matter.
39.5 Definitions
(1) "Distant Worker" means an employee who has provided satisfactory evidence that due to engagement on the construction site he is unable to reasonably return home each night.
(2) "Itinerant Worker" means an employee with no fixed address.
(3) "Local Worker" means an employee whose usual place of residence is within the local area, and where 39.2.1 and 39.2.2 above do not apply.
(4) "Usual Place of Residence"
(a) The employer shall obtain, and the applicant for employment shall provide a statement in writing of residence, at the time of engagement, provided that documentary evidence of the applicant's usual place of residence, such as a motor vehicle driver's licence may be provided and accepted in lieu of the statement in writing.
(b) The employee's usual place of residence and not the place of employment shall determine the applicability of this clause.
(c) An employee shall notify the employer in writing of any subsequent change to his usual place of residence. No subsequent change to an employee's usual place of residence shall entitle an employee to the provisions of this Clause, unless the employer agrees.
(5) "Reasonable Board and Lodging" means lodging in a well-kept establishment with three adequate meals per day, adequate furnishings, good lighting and heating, hot and cold running water, in a single or twin room if a single room is unavailable.
(6) "Living Away from Home Allowance" means an allowance payable weekly. Such allowance shall not be wages, provided that in the case of broken parts of a week occurring at the beginning or end of employment, the allowance shall be divisible by, seven (7).
Provided further, that if the employee satisfies the employer that he/she reasonably incurred a greater outlay than any prescribed, the allowance shall be increased to match the outlay.
40. Safety and First Aid
40.1 A Safety Committee shall be formed and will operate in accordance with the provisions of the Occupational Health and Safety Act 1983 and its regulations.
The Safety Committee in consultation with the Project Manager will determine frequency of site safety inspections and other pertinent safety matters.
40.2 An employee holding the appropriate first aid qualifications shall be in attendance at any time other employees are working on site, in accordance with the Occupational Health and Safety Act (First Aid Regulations).
In addition first aid boxes shall be provided as required in accordance with the Occupational Health and Safety Act, 1983 on each building construction location.
40.3 Communication links including mobile telephones shall be provided for each of the first aid stations on the site. Such communication links are to be provided and maintained by the contractor.
40.4 A list of qualified First Aiders who are appointed to perform first aid duties will be prominently displayed in crib rooms and office facilities and other locations deemed necessary by the Project Manager.
41. Drug and Alcohol Policies
41.1 Contractors, sub-contractors and their employees shall comply with the Peabody site’s Drug and Alcohol Policy.
41.2 Where an employee of a contractor or sub-contractor feels that they have been treated unfairly under the site’s Drug and Alcohol Policy, the grievance will be processed in accordance with the Disputes Handling Procedure of this Award."
42. Electricians Licence
The Electrician's Licence payment as defined in the Electrical Contracting Industry (State) Award as varied from time to time shall apply to all Electricians who hold a NSW Electrician's Licence.
43. Visiting Union Officials
43.1 Visiting union officials are required to make an appointment with the Project Manager or representative prior to arriving on the Construction Site. Where practicable 24 hours prior notice will be given.
43.2 Upon arrival, visiting union officials must report to the Project and/ or other relevant Mine Office for signing in, induction and instruction as to meeting location area (and other relevant matters).
43.3 Visiting Union Officials may not proceed to a designated area without the authorisation of the Project Manager or representative.
43.4 Where a meeting with a contractor or sub-contractor has been arranged in accordance with this procedure, it will be conducted having regard to the needs of ensuring the continuity of construction activities.
43.5 Where meetings are conducted with members they shall be so arranged during non-working periods so as not to interfere with normal construction activities.
43.6 In other respects, the relevant provisions of the parent awards and legislative provisions shall apply.
44. Unions Not Party to This Award
Any application for an alteration of the provisions of this Award can only be made by the parties to this Award following a unanimous decision to seek an alternative by the unions being parties thereto.
45. Non-Reduction
Consistent with the Application of Awards Clause of this Award, where an employee of a contractor or sub-contractor employed under this award is in receipt of terms or conditions greater than this award as a result of the application of another Award (State or Federal) or an Enterprise Agreement, there shall be no reduction in either rates of pay or conditions of employment of that employee.
Provided that where under an Enterprise Agreement the parties off-set provisions there shall be no double counting of such off set benefits so that either the contractor or the employee have a windfall gain.
The application of this clause shall not be used as a basis for claims by unions or employees of other contractors to secure changes to terms or conditions of employment.
46. Limitation
Neither this Award nor any part thereof shall be used by the unions, contractors or sub-contractors as evidence or example before any industrial tribunal or proceedings not directly concerned with work covered under this Award.
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1146) |SERIAL C0922 |
CONTINENTAL CARBON AUSTRALIA PTY LIMITED
MAINTENANCE AND PRODUCTION
ENTERPRISE AWARD 1999
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to section t 19 of the Industrial Relations Act 1996.
(No. IRC 960 of 2001)
|Before Commissioner O'Neill |25 June 2001 |
REVIEWED AWARD
PART A
1. TITLE
This Award shall be known as the Continental Carbon Australia Pty Limited Maintenance and Production Enterprise Award 1999.
2. Arrangement
This Award shall be arranged as follows:
Clause No. Subject Matter
PART A
1. Title
2. Arrangement
3. Anti-Discrimination
4. Application of the Award
5. Date and Period of Operation
6. Relationship to Parent Award
7. Objective
8. Definitions
9. Employment Relationship
10. Employees Duties
11. Wages and Allowances
11.1 Weekly Wage Rates,
11.2 Special Rates
11.3 Wage Increases
11.4 Service Increments
11.5 Payment of Wages
11.6 Policy Regarding E.F.T.
11.7 Attendance Payment
12. Mixed Functions
13. Hours of Work
13.1 Day Workers
13.2 Shift Work
14. Weekend and Holiday Pay
15. Overtime
15.1 Meal Allowance
16. Call Back
17. Rest Period
18. Annual Leave
19. Long Service Leave
20. Personal Carers Leave
21. Sick Leave
22. Bereavement Leave
23. Parental Leave
24. Jury Service
25. Public Holidays
26. First-Aid
27. Protective Clothing
28. Union Notices
29. Changes in the Workplace
29.1 Employment Change
29.2 Mechanisation
29.3 Redundancy
30. Disciplinary and Dispute Procedures
30.1 Dispute Procedures
30.2 Disciplinary Procedure
31. Training Committee
32. Company Policy Commitments
33. Annual Health Checks
34. Accident Pay
Schedule A - Settlement of Log of Claims
PART B
MONETARY RATES
Schedule 1 - Wage Rates
Table 1 - Weekly Rates
Table 2 - Classification Related Allowances
Table 3 - Special Rates
Table 4 - Tea Money
Table 5 - Call Back Car Allowance
Table 6 - First Aid
Table 7 - Service Increments
3. Anti-Discrimination
(a) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(b) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which by its terms or operation, has a direct or indirect discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in this clause is to be taken to affect:
(i) any conduct or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or providing junior rates of pay to persons under 21 years of age;
(iii) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti- Discrimination Act 1977;
(iv) a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
(e) This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
4. Application of the Award
This Award between Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch; The Australian Workers' Union, New South Wales; Electrical Trades Union of Australia, New South Wales Branch, and Continental Carbon Australia Pty. Limited shall apply at the establishment of Continental Carbon Australia Pty. Limited, Sir Joseph Banks Drive Kurnell (hereinafter "the Company") and the incidence of this award shall cover all persons employed in Clause 8, Definitions.
The award has been entered into freely by the parties. No party has been subject to duress.
5. Date and Period of Operation
(a) This award is made following a review pursuant to section 19 of the Industrial Relations Act 1996 and replaces the Continental Carbon Australia Pty Limited Maintenance and Production Enterprise Award 1999 published 17 November 2000 (320 IG 437).
(b) The award published 17 November 2000 took effect on and from 25 February 1999.
(c) The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 I.G. 307) take effect from the first pay period to commence on or after 25 June 2001 and shall remain in force thereafter for the period of the award (11 January 2002).
(d) The award remains in force until varied or rescinded, the period for which it was made expiring on 11 January 2002.
(e) Negotiations for a new Award shall commence no later than six months prior to the expiry of this Award.
6. Relationship to Former Award
This Award replaces the Continental Carbon Australia Pty Limited Maintenance and Production Enterprise Award 1999 published 17 November 2000 (320 IG 437).
This Award totally covers the terms and conditions of employment previously covered by the abovementioned former Enterprise Award.
7. Objective
1. Continuous Improvement Processes
The continuous improvement of our products, our services, our systems and our people is an integral part of the company's mission statement.
The development of this enterprise arrangement is entirely consistent with the company's continuous improvement process. This Enterprise agreement will enable all stakeholders a means to share the benefits accruing from continuous on site improvement.
The Stakeholders include:
Customers, Employees, Employer Shareholders and Suppliers
The parties agree that there will be full support for and involvement in our continuous improvement activities.
The company will provide training programs and opportunities for skill development through work, team and individual participation.
All employees will commit to using their continuous improvement skills to better identify, monitor and improve performance on the job.
8. Definitions
Maintenance Staff
Fitter/Welder - A fitter/welder is an employee designated by the Company who possess the appropriate qualifications and training to carry out the duties of his/her position in the areas to which he is assigned. He/she is responsible to the maintenance supervisor, or their delegate, for the safe and efficient performance of duties to which he/she is assigned.
Licensed Electrician/Instrument Fitter - A licensed Electrician/Instrument is an employee designated by the Company who possess the appropriate qualifications (with the addition of electrical license) and training to carry out the duties of his position in the areas to which he/she is assigned. He/she is responsible to the maintenance supervisor, or their delegate, for the safe and efficient performance of duties to which he/she is assigned to.
Rigger/Scaffolder - A Rigger/Scaffolder is an employee designated by the Company who possess the appropriate qualifications and training to carry out the duties of his/her position in the areas to which he/she is assigned. He/she is responsible to the maintenance supervisor or their delegate, for the safe and efficient performance of duties to which he/she is assigned to.
Ironworker - An Ironworker is an employee designated by the Company who possess the appropriate qualifications and training to carry out the duties of his/her position in the areas to which he/she is designed, he/she is responsible to the maintenance supervisor, or their delegate for the safe and efficient performance of duties to which he/she is assigned.
Instrument Technician - Means an employee qualified and employed as such.
Leading Hand - leading hand is an employee who possesses the appropriate qualifications designated as such by the Company.
Ordinary Rates - Unless elsewhere provided, the term Ordinary Rates shall be held to refer to the weekly wage shown in clause 11, Wages and Allowances, of this Award
Production and Warehouse Staff
Operator - The operator is an employee designated as such by the company who, having been trained to carry out the duties of his/her position in the area to which he/she is assigned, is responsible to the production foreman, or the appropriate supervisor, for the safe and efficient performance of duties to which he/she is assigned in the operations and/or control within his/her area of assignment, and may be required to perform other duties as outlined in clause 29.1, Employment Change.
Other Employee - An employee who is not an operator and who carries out duties as directed by the employer other than those of an operator.
Leading Hand - A leading hand is an employee designated as such by the company.
Trained Leading Hand Operator - Is an employee designated as such by the company who has been trained to carry out the duties of a leading hand operator and who is employed as an operator being required from time to time to relieve leading hand operators when they are on leave from the company.
Handyman - An employee designated as such by the Company who has the necessary training and experience to carry out duties as directed by the employer.
Ordinary Rates - Unless elsewhere provided, the term ordinary rates shall be held to refer to the weekly wage as set out in Table 1 - Weekly Rates, basic wage plus margin, of Part B, Monetary Rates, and, as applicable, the leading hand allowance as set out in Table 2 - Classification Related Allowances, of the said Part B.
All employees covered by the above definitions shall keep the area and the workplace in which they work clean and tidy as required by their supervisor.
9. Employment Relationship
(a) Except as hereinafter provided employment shall be by the week.
(b) In order to terminate the employment of a permanent employee the employer must give to the employee the following notice:
|Period of Service |Period of Notice |
|1 year or less |1 week |
|1 year and up to the completion of 3 years |2 weeks |
|3 years and up to the completion of 5 years |3 weeks |
|5 years and over |4 weeks |
In addition to the notice in (b) employees over 45 years of age at the time giving of the notice with not less than two years service are entitled to an additional weeks notice
Payment in lieu of notice prescribed in (b) must be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the notice specified and part payment in lieu thereof.
In calculating payment in lieu of notice, the wages an employee would have received in respect of the ordinary time he or she would have worked during the period of notice must be used.
The period of notice in this clause does not apply in the case of dismissal for serious misconduct, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specific task or tasks.
(c) The notice of termination required to be given by an employee shall be the same as that required of an employer, except that there is no additional notice based on the age of the employee concerned. If an employee fails to give notice the employer has the right to withhold moneys due to the employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
(d) The company and the Employee may agree that the employee gives a lesser period of notice than that stipulated at (c).
(e) An employee discharged for any reason other than for misconduct or neglect of duty, in the week preceding a public holiday shall be paid for such holiday or holidays which occur in the following week.
(f) Trial Period - notwithstanding anything elsewhere contained in this clause, the first three months of employment will be on a trial basis and may be terminated by five days’ notice by either side except during the first week of employment when termination will be on hour’s notice on either side. Provided that if the requisite notice is not given during this period the payment or forfeiture of one hour or five days’ wages depending upon when termination is effected will be applied. Provided that reasonable cause for such termination be provided in writing to the employee by the employer. This subclause shall not apply to casuals.
(g) The Company after consultation with the Union has the option to utilise the services of casual labour for whatever purposes.
(h) The parties recognise that, the company at its option, may utilise the services of contract labour to cover demands for labour or skills that cannot reasonably be covered by the permanent employees No employee shall be disadvantaged by the use of contract labour.
(i) The company will require that employees of contractors are not paid any less than the rates of pay paid to comparable permanent employees.
(j) Employees of contractors working at the company, shall be offered permanent employment when a vacancy for a permanent employee is created. Said offers shall be made on the basis of seniority, with the longest serving employee of a contractor receiving the first offer.
(k) The maximum period for which a contract employee may be engaged is four weeks provided that this period may be varied by agreement reached through the consultative processes of this award.
10. Employees Duties
An employee shall work as reasonably required, employees shall perform such work that is within the employee’s skill competence and training as the employer shall from time to time reasonably require, subject to the New South Wales Occupational Health and Safety Act 1983.
11. Wages and Allowances
11.1 Weekly Wage Rates
(a) Basic Wage
This Award, in so far as it fixes rates of wages for adult males, is made by reference and in relation to the Basic Wage of $121.40 per week.
(b) Wage Rates
The rates of pay for the classification set out hereunder shall, subject to the other provisions of this Award, be those as set out in Part B, Monetary Rates, of this Award.
|Classification |Weekly Wage |
|Maintenance | |
|Licensed Electrician |(see wage schedule) |
|Licensed Electrician | |
|Instrument Fitter | |
|Fitter/Welder | |
|Rigger/Scaffolder | |
|Ironworker/Laundry | |
|Instrument Technician | |
|Production | |
|Operator |(see wage schedule) |
|Other Employee | |
|Handyman | |
(c) In addition to the above wage rates the following rates shall be paid:
|Maintenance | |
|Welder 2nd class | |
|Fitter/Welder with D.L.I. Cert |(see wage schedule) |
|Leading Hand | |
|L/H Licensed Electrician/Instrument Fitter | |
|Senior Leading Hand/Foreman | |
| | |
|Production | |
|Leading Hand (other employee) |(see wage schedule) |
|Leading Hand Operator | |
|Trained Leading Hand Operator | |
(d) A bathing out allowance of one half hour’s pay shall be paid at the appropriate rate.
(e) A transport and location allowance per day shall be paid as set out in the wage schedule.
(f) Included in the total wage to be paid for all purposes is a disability allowance of $2.00 per day. As it is now part of the all purpose rate, it is not subject to reintroduction as a separate allowance.
Note: It is the intention of the parties that the above disability allowance is in consideration of all disabilities associated with the company site.
(g)
(i) Weekly wages as shown under Clause 11 hereof, Clause 11.3, Wage Increases, and Part B shall not be varied during the currency of this Award except as determined by the Industrial Relations Commission of New South Wales or as agreed from time to time by the Management.
(ii) The following allowances will also be varied as in 11.1(f) and 11.3 Wage Increases:
Service Increments
Entry to Bag Filters
First Aid Allowance
Forklift Allowance
Leading Hand Allowance
11.2 Special Rates
(a) Employees required to work within the Bag Filters, road tankers or storage silos shall be paid the sum of [wage schedule] for the first hour or part thereof, then at the rate of [wage schedule] per hour for each hour or part thereof.
(b) Any employee covered by this award required to operate a forklift will be paid [wage schedule] per day or shift extra. Provided that such employee may be required to operate a forklift on instruction from the appropriate Departmental Supervisor.
(c) Operators who hold a boiler attendant's certificate of competency covering all boilers, fire tube and water tube, will be paid the sum of (see wage schedule) per shift extra, with a maximum of two employees per shift being eligible.
(d) In circumstances where operators holding such qualification work 12 hours to provide shift cover, they shall be entitled to one and a half times the prescribed rate for that 12-hour shift.
(e) Employees operating the bagging machines and stacking bags on pallets from the conveyor belt will be paid the amount as set out [see wage schedule] per day/shift extra.
(f) An employee who has not received the bagging machine/conveyor belt allowance on the day's shift work and is required to work overtime for a minimum of four hours on a bagging machine or conveyor belt immediately following that day/shift shall be entitled to an allowance as set out in the said Item 8.
(g) Instructions and examinations away from the company's premises - An employee required to present himself/herself at a time other than during his/her normal working hours for an examination for a certificate or ticket in accordance with the provisions of any statute or regulations made thereunder, shall be paid a minimum of four hours at single-time rates and shall be reimbursed the cost of the examination and car allowance as set out in Part B.
(h) Employees elected or appointed to any official committee including the site consultative committee and Occupational Health and Safety Committee shall be paid the rate of single time for all time spent in attending meetings of those committees. The company must give at least 48 hours notice of a meeting. The company will endeavour to hold all meetings during working time.
11.3 Wage Increases
(a) Employees engaged at Continental Carbon and covered by this award shall receive an increase in wages in accordance with the following programme.
(i) A wage increase of 3.5% shall be paid on the first full pay period on or after 1 April 1999.
(ii) A further wage increase of 3.5% shall be payable from the first pay period on or after 11 January 2000.
(iii) A further wage increase of 3.5% shall be payable from the first pay period on or after 11 January 2001.
(b) The granting of wage increases available under this clause shall be subject to employees complying with all conditions of this award including dispute settling procedures and disciplinary procedures.
(c) Any dispute that relates to the payment of wage increases under this clause shall be dealt with in accordance with the dispute settling procedures of this award.
(d) Wage increases are set out in the wage schedule at Part B of this award.
(e) In each case wage increases shall be payable from the first full pay period occurring on or after the due date.
(f) If by 11 January 2001, the increase to the Consumer Price Index for the preceding year exceeds the increase available at (i) (b) of this clause, employees will receive the difference between that wage increase and that Consumer Price Index increase.
(g) If, by 1 October 2001, the parties to this agreement agree on the terms of an agreement or award to replace this award, and provided that agreement or award is signed by the parties by the due date, the first pay rise arising out of that award or agreement shall be payable from the first full pay period on or after 1 October 2001.
11.4 Service Increments
The following scale of Service Increments will apply:
(wage schedule) per week after one years service, increasing to
(wage schedule) per week after two years service, increasing to
(wage schedule) per week after three years service, increasing to
(wage schedule) per week after four years service, increasing to
(wage schedule) per week after five years service, increasing to
(wage schedule) per week after six years service, increasing to
(wage schedule) per week after seven years service, increasing to
(wage schedule) per week after eight years service, increasing to
(wage schedule) per week after nine years service, increasing to
(wage schedule) per week after ten years service.
(a) The increments are flat weekly payments, however such increments will be reduced when an employee has any absence for which he is not entitled under this Award to payment of any wages, e.g. Unauthorised Sick Leave, Sick Leave not accompanied by a Doctors Certificate as required by clause 21(f) of this award, or leave without pay.
(b) Such reduction will be split into fractions of not less than one day, with any part of a day counting as one day.
(c) The increments shall not
(d) be taken into account for the purpose of calculation of overtime, shift premiums or any other allowance or premiums.
(e) "Service" means continuous service by a permanent employee employed directly by the Company.
(f) "Week" means pay week.
(g) Payment of the increment will commence from the beginning of the first full pay week on or after the date in which the employee qualifies for such increment.
(h) The increment shall be paid during Annual Leave, Long Service Leave, Public Holidays.
11.5 Method of Payment of Wages
(a) Wages shall be paid by Electronic Funds Transfer.
(b) Weekly rates payable to continuous shift workers under this award will be the sum of the wage, weekend penalties, public holidays, shift allowance, service increments, transport and location allowance, boiler ticket allowance, and the first aid allowance. Such rates shall be calculated over the duration of a rostered shift cycle and reduced to an averaged weekly rate.
(c) The ordinary rate payable under this Award will be the rate shown at Schedule B
(d) The rate for the calculation of all overtime under this Award shall be the ordinary rate as specified in subclause (c) of this Clause.
(e) Payment to shift workers for annual leave and long service leave shall be calculated using the weekly rate as prescribed in subclause (b) of this clause.
11.6 Attendance Payment
(a) As soon as practicable after the first and subsequent anniversaries of employment, employees will be entitled to an amount for attendance based on the amount of unused sick leave, in excess of the required 30 day minimum sick leave accrual, that they would have been entitled to consistent with clause 21 in that year. No employee with less than 30 days accumulated sick leave as measured at the end of the employees sick leave year will be entitled to any payment under this clause.
(b) At termination, employees will be entitled to an amount for attendance. This payment shall not exceed the value of the accumulated untaken sick leave, calculated at ordinary rates of pay for day workers and for shift workers at the average weekly pay (excluding bathe-out, disability, first aid and boiler certificate) at termination.
12. Mixed Functions
An employee who is required to do work carrying a higher rate than his ordinary classification for any part of a day or shift shall be paid at a higher rate for the full day or shift. If an employee, without having received 7 days written notice, is transferred (other than at his own request or by reason of his inability or failure to perform satisfactorily the duties required to him) to work of a classification for which a lower weekly wage is prescribed under this agreement than that applying to the classification in which he/she was previously employed, he/she shall be paid during such 35 ordinary hours or any lesser time so employed, the rate for the classification in which he/she was employed prior to the transfer.
13. Hours of Work
13.1 Day Workers
(a) The ordinary hours of work for day workers shall be thirty five (35) hours per week averaged over a nine (9) day fortnight to be worked seven (7) hours forty seven (47) minutes per day Monday to Friday, inclusive, between the hours of 5.00am to 5.00pm.
(b) Day Workers shall be allowed a meal break of thirty (30) minutes to be taken between the hours of 10.00am and 1.00pm each Monday to Friday, inclusive. An employee shall not work more than five (5) hours continuously without a meal break.
Work done by an employee during his recognised meal interval and thereafter until meal interval is allowed, shall be paid for at overtime rates.
(c) Rest Period: Day Workers shall be allowed a period of ten minutes as a rest period during the first half of each day to be taken at a time to be mutually arranged.
(d) An employee in the establishment covered by this agreement who is entitled to a rostered day off shall be rostered off on one of the normal working days to suit the needs of the business.
(e) Each shift half an hour will be allowed to each employee for bathe up at the appropriate rate.
(f) Day Workers may be transferred to a shift other than day shift for a period of less than five (5) days on the issue of a forty-eight (48) hours’ notice. Such day workers shall be paid the applicable shift penalties and in the absence of forty-eight (48) hours’ notice shall be paid at the rate of double time for shifts worked during this forty-eight (48) hours’ notice period.
13.2 Shift Workers
(a) Continuous shift work shall be arranged to provide for an average of 35 ordinary hours of work per week over the span of the shift cycle. Such hours may be worked in one shift or in any two or three rotating shifts, which shall be known as "day shift", "afternoon shift", and "night shift". The starting and finishing times of shifts shall be mutually agreed upon between the company, the employees and the union and such shifts shall be rostered to provide a weekly rotation of shifts.
(b) Where an employee is engaged in working on a regular roster or shift, his/her place on the roster shall not be altered unless he/she is given 48 hours notice of such change, except as provided in paragraph (c) of this subclause, such employee shall be paid the appropriate overtime rate for time worked up to the expiration of 48 hours notice. Such payment shall be in lieu of his/her ordinary rate for the unworked time on the previous roster.
(c) Notwithstanding the foregoing, in cases of emergency over which the employer has no control, the hours of shifts and hours of work for any employee may be altered without notice.
(d) Twenty minutes shall be allowed to all shift workers each shift for a crib break, which shall be counted as time worked. An employee shall not work continuously for more than five hours without a meal break.
(e) Provided that an employee shall work six hours without a meal break where there is agreement between the employer and the employee(s).
(f) Subject as otherwise provided, shift workers shall be paid, in addition to the rates payable under this Award, shift work allowance as follows:
(i) Shift workers whilst on Afternoon or Night Shift Monday to Friday, inclusive, shall be paid 15 percent more than the ordinary rates for such shift.
(ii) Employees working permanently on Afternoon or Night Shift shall be paid at time and quarter for work performed.
(iii) Employees other than a trained operator may be employed as and become shift workers for a period of not less than five shifts and shall be paid accordingly, provided that such day workers or employees are given five weekdays’ notice and, in the absence of such notice, shall be paid at the rate of double time for shifts worked during this notice period.
14. Weekend and Holiday Pay
A. Day Workers
(a) Day Workers shall be paid at the rate of double time for all work performed on Saturdays, and on Sundays.
(b) For all work performed on Public Holidays, day workers shall be paid at the rate of double time and a half, excepting that work performed on Good Friday and Christmas Day will be paid at the rate of triple time.
B. Shift Workers
(a) Saturday Work - The minimum rate to be paid to a shift worker for work performed on:
(i) day shift shall be at the rate of time and a half;
(ii) afternoon and night shift shall be at the rate of time and a half, plus 15 per cent of his/her ordinary single time rate.
(b) Sunday Work - The minimum rate to be paid to a shift worker for work performed on:
(i) day shift shall be at double ordinary time;
(ii) afternoon and night shift shall be at the rate of double ordinary time, plus 15 per cent of his/her ordinary single-time rate.
15. Overtime
A. Day Workers
(a) All time worked before the usual commencing time or after the usual ceasing time each day or in excess of the ordinary hours shall be overtime and shall be paid at the rate of double time, providing it is authorised by a Supervisor.
(b) When the period of overtime worked is less than one half hour the employee will be paid for one half hour. When the period of overtime is in excess of one half hour he will be paid for one hour. When the period of overtime exceeds one hour he will be paid for the time worked.
(c) Day workers when working a weekend or public holiday overtime shift shall be paid eight hours at the appropriate rate and with a paid twenty (20) minute crib break.
B. Shift Workers - Other than on shift hand over or where the work is performed by arrangement between the employees themselves.
(a) Time worked which is in excess of or outside the ordinary working hours or on a rostered shift off and provided that it is authorised by a supervisor, shall be paid for at the rate of double time.
(b) Overtime, authorised by a supervisor to be worked on day, afternoon or night shift on a Sunday shall be paid 2.15 times the ordinary rate of pay.
(c) When the period of overtime is less than one half hour, the employee will be paid for one half hour. When the period of overtime worked is in excess of one half hour, the employee will be paid for one hour. When the period of overtime exceeds one hour, the employee will be paid for the time worked.
(d) The employer may require any employee to work reasonable overtime at overtime rates and such employees shall work overtime in accordance with such requirements.
(e) Where an employee after having worked overtime finishes at a time when his/her normal means of transport is not available the Company shall provide transport to the nearest public transport and alternatively, if public transport is not available at the public transport connection the Company shall provide transport to the employees home.
15.1 Meal Allowance
(a) Any employee required to work overtime in excess of two (2) hours, after working his/her ordinary hours and without receiving notice thereof, on the previous day or shift shall be provided with a suitable meal or paid in lieu of $[w/s] for the first meal and all subsequent meals.
(b) Unless the period of overtime is less than two (2) hours, the employee before starting overtime, after working his ordinary hours, shall be allowed a meal break of twenty (20) minutes and shall be allowed a further crib time of twenty (20) minutes without deduction of pay after each four (4) hours of overtime worked if he continues to work after such crib time.
(c) Any employee required to work overtime for more than two (2) hours prior to and continuous to his/her normal day or shift will be provided with a meal or paid tea money of $[w/s].
(d) If an employee pursuant to notice is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed.
(e) An employee recalled to work overtime on a day on which he or she would not otherwise be working will be entitled to a meal or tea money provided notice was not given on the previous day or shift and provided that the overtime worked exceeds four (4) hours.
16. Calls Back
When an employee is recalled to work overtime not continuous with his/her normal shift:
(a) Such overtime commencing at a time which is not his/her normal shift starting time he/she shall be paid one hour’s pay at the appropriate rate to cover time spent in travelling to and from the Company’s premises.
(b) After leaving the Company’s premises whether notified before or after leaving the premises, he/she shall be paid for a minimum of four (4) hours at the appropriate overtime rates for each time he/she is so recalled.
(c) An allowance of (w/s) shall be paid to employees who use their private cars to attend at the plant on calls back, provided such attendance involves an extra trip to the plant.
This allowance is based on 60 cents per kilometre established by the N.R.M.A. as of March 1990 adjusted for the appropriate rate for a four cylinder car being used to the extent of 15,000 kilometres per year. The allowance is based on an average of thirty two (32) kilometres round trip, this being $19.06.
(d) When an employee recalled from his/her home to work overtime does not have his/her own means of transport available, the Company shall provide transport to and from work, provided that in such cases, Subclause (c) hereof shall not apply.
(e) Except for (f) below overtime worked in the circumstances specified in this Clause shall not be regarded as overtime for the application of the 10 hour or 8 hour break, as the case may be, when the actual time worked is less than three (3) hours on such recall.
(f) For Call Backs Monday through Friday between 3.17pm and 1.17am a day worker shall be entitled to a 10 hour break and a shift worker shall be entitled to an eight hour break before commencement of his/her ordinary work.
(g) For Call Backs Monday through Friday between 1.30am and 6.00am the employee may report back to work late by the number of hours he has worked plus one (1) for travel time. On Sunday this will apply after 10.00pm.
17. Rest Period
(a) An employee who works so much overtime between the termination of his/her ordinary work on one day or shift, and the commencement of his/her ordinary work on the next day or shift, that he/she has not had at least ten (10) consecutive hours off duty between those times shall be released after completion of such overtime until he/she has had ten (10) consecutive hours off duty, without loss of pay for ordinary working time during such absence. If on the instruction of the Company such employee resumes or continues his/her work without having had such ten (10) consecutive hours off duty, he/she shall be paid at appropriate overtime rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she had (10) consecutive hours off duty for ordinary working time occurring during such absence.
(b) The provisions of this subclause shall apply in the case of shift workers as if eight hours were substituted for ten hours when overtime is worked:
(i) for the purpose of changing shift rosters; or
(ii) where a shift is worked by arrangement between the employees themselves.
(c) An employee who has worked 16 hours or more straight shall be entitled to be absent until he/she has had ten and one half consecutive hours off duty, without loss of pay for ordinary working time occurring during such absence.
If, on instruction of the company, such employee resumes or continues his/her work without having had such ten and one half consecutive hours off duty, he/she shall be paid at appropriate overtime rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten and a half consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
18. Annual Leave
A. Day Workers
(a) Day workers shall be allowed twenty-eight (28) consecutive days leave (including non-working and rostered off days) annually after twelve (12) months continuous service as an employee. For the purpose of calculating twelve (12) months continuous service, the period of leave shall be included. During this period of annual leave Day Workers shall receive a Loading of 22.5 percent on Annual Leave pay. The Loading prescribed shall not apply to proportionate leave on termination.
(b) Annual Leave exclusive of public holidays. Subject to this sub-clause the annual leave prescribed by this clause shall be exclusive of any of the holidays prescribed by this sub-clause (a) of Clause 25, Public Holidays, of this Award and if any such holiday falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday.
B. Shift Workers - Continuous shift workers shall be allowed five weeks leave annually after 12 months continuous service as an employee, together with an extra five normal working days instead of payment for five public holidays, as referred to in subclause (b) of clause 25.
(a) If during the year of his/her employment the employee has served for only a portion of it as a continuous shift worker, the additional leave shall be the proportionate part of the annual leave to which he/she would have been entitled had he/she completed one year as a shift worker. Where the additional leave calculated under this paragraph is or includes a fraction of a day, such fraction shall be discharged by payment only.
(b) Each employee shall be given the period of annual leave to which he/she is entitled under this subclause as soon as reasonably practicable after the due date but not later than six months after the leave became due.
(c) The annual leave provided for by this clause shall be allowed and taken and, except as provided in paragraph (d) of this subclause, payment shall not be made or accepted in lieu of annual leave.
(d) An employee whose employment is terminated shall be paid for the proportionate part of annual leave that he/she would have been entitled at the date of termination of his/her employment had his/her employment not been so terminated. The calculation shall be made to the nearest day.
(e) Payment to continuous shift workers when on annual leave shall be at the weekly rate payable to shift workers as defined in subclause (b) of clause 11.5, Method of Payment of Wages
19. Long Service Leave
See Long Service Leave Act, 1955.
Provided that continuous shift workers who elect to take their Long Service Leave after the qualifying period or lawfully terminate their employment with the Company after ten years service shall be paid on the basis of a weekly rate in accordance with Clause 11.5, subclause (b) of this Award.
20. Carer’s Leave
A. Use of Sick Leave
(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 20.A.(b) who needs the employee’s care and support shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 20 of this agreement for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
1. the employee being responsible for the care of the person concerned; and
2. the person concerned being:
(i) a spouse of the employee; or
(ii) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to the person; or
(iii) a child or an adult (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or
(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(v) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.
B. Unpaid Leave for Family Purpose
(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support of a member of a class of person set out in 20A.(c)2(ii) above who is ill.
C. Annual Leave
(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.
(b) Access to annual leave, as prescribed in paragraph 20A.3.1 above, shall be exclusive of any shutdown period provided for elsewhere under this agreement.
(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.
D. Time Off in Lieu of Payment for Overtime
(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within twelve months of the said election.
(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(c) If having elected to take time as leave, in accordance with paragraph 20A.4.1 the employee shall be paid their overtime in accordance with this Award.
E. Make-up Time
(a) An employee may elect, with the consent of their employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.
(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" under which the employee takes time off ordinary hours and works those hours at a later time, at the shift work rate which would have been applicable to the hours taken off.
F. Rostered Days Off
(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.
(d) This subclause is subject to the employer informing each union which is party to the Award of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.
21. Sick Leave
(a) An employee after one month’s continuous service with the Employer who is unable to attend for duty by reason of personal illness or personal incapacity, proof of which shall be on him, shall be entitled in his first year of service and up to and including five years, an aggregate of ten (10) days of working time at ordinary rates of pay for day workers and for shift workers at the average weekly pay (excluding bathe-out, disability, first aid and boiler certificate). Provided that the employee shall inform his employer within 24 hours of commencement of the absence of the estimated duration of the absence and the nature of the illness. Such sick leave will only be paid after one month’s continuous service, provided that an employee who has taken sick leave during that month will be reimbursed at the expiration of that month. Sick leave may not be accumulated in excess of 30 days sick leave as measured at the end of the employees' sick leave year.
(b) After five (5) years of continuous service with the Employer an employee shall be entitled to further additional sick leave up to an aggregate of five (5) days of working time in any one year.
(c) Employees may have five single sick days per year without a Doctor’s Certificate, all sick days apart from these five single days will be paid on receipt of a Doctor’s Certificate.
(d) Sick leave under this clause shall accumulate and be paid for, subject to continuous employment year to year, consistent with the provisions of the Industrial Relations Act 1996.
(e) Subject to Section 7 (2C) and (2D) (a) of the Workers’ Compensation Act 1987, an employee shall not be entitled to paid leave of absence for any period in respect of which he is entitled to compensation under the Workers’ Compensation Act 1987 in force from time to time.
(f) Notwithstanding (c) above, any day worker who is absent on a day before or after a weekend, RDO, of Public Holiday or any shift worker absent on a shift before or after a Non Working day, or absent from a shift on a Saturday Sunday or Public Holiday will be required to supply a Doctors Certificate on all occasions of such absence.
(g) The company reserves the right to discuss the introduction of a short absence rule with the union. The short absence rule will address adverse sick leave patterns which may necessitate the introduction of a program of compulsory production of medical certificates for all subsequent absences, counselling and the issue of warnings and ultimately disciplinary action in accordance with clause 30.1 until there is a sustained improvement in the employees attendance pattern.
22. Bereavement Leave
(a) An employee shall be entitled to two (2) days leave without loss of pay on the occasion of the death of an employee’s husband, wife, father, mother, brother, sister, child, stepchild, stepmother, stepfather, parents-in-law or grandparents either in Australia or overseas.
(b) For the purposes of this clause the words "wife" and "husband" shall include de facto wife or husband.
(c) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or
(d) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:
1. "relative" means a person related by blood, marriage or affinity;
2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same domestic dwelling.
(e) Depending on individual circumstances and with prior approval of the employer, the period of bereavement leave may be extended.
23. Parental Leave
Employees shall be entitled to parental leave as provided in the Industrial Relations Act 1996.
24. Jury Service
An employee on weekly hiring required to attend for jury service during his ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.
An employee on weekly hiring required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.
An employee shall notify his employer as soon as practicable of the date upon which he/she is required to attend for jury service, and he/she shall provide his/her employer with proof of his/her attendance, the duration of such attendance and the amount received in respect thereof.
25. Public Holidays
(a) The days on which New Year Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day are observed and special days appointed by proclamation as Public Holidays through the State together with an employee’s birthday, shall be recognised as holidays and paid for as such. If an employee’s birthday falls on a non-working day the next working day following their birthday will be given. Provided that by agreement between the employer and the employee such day may be substituted for another day off.
(b) In the case of continuous shift workers, only six public holidays will be paid for, the remaining five public holidays will be added to their annual leave in accordance with subclause (b) of clause 18 Annual Leave.
(c) Where any Employee is absent from work on the public holiday or on the working day, or part thereof, before or on the working day, or part thereof, after a Public Holiday without reasonable cause, proof of which shall be upon him or her, or without the prior approval of the Supervisor, he/she shall not be entitled to payment for any such Holiday, provided the employee was rostered to work on the day or days of absence.
(d) A day worker whose rostered day off falls on a Public Holiday shall receive, in addition to his/her normal Public Holiday pay, an amount equalling 7 hours, 47 minutes at one and a half his ordinary rate. (1978 Agreement).
26. First Aid
Adequate first aid facilities shall be provided by the Employer (see Factories Shop and Industries Act 1962).
Where an employee is a qualified first aid attendant and he is required by the Company to perform first-aid and shall be paid (w/s) per day or shift in addition to his ordinary rates.
27. Protective Clothing
(a) All employees working under this Award shall be provided free of charge with an adequate supply of work clothing.
(b) Where necessary employees shall be supplied free of charge with waterproof protective clothing and souwester.
(c) All such clothing will be replaced with a new issue only on production of the worn out clothing.
(d) Respirators and goggles shall be supplied by the employer wherever necessary.
(e) Employees shall use in the proper manner the appropriate protective clothing and equipment provided and shall comply with any other specified safe working requirements.
(f) All items furnished by the Company in this clause must be handed in on termination of employment before final settlement can be made.
(g) Employees shall be provided with adequate facilities for washing, changing, storage of personal effects, obtaining boiling water and the partaking of meals. Any disagreements about the adequacy of facilities shall be dealt with through the consultative process of this agreement and the disputes settlement procedure
28. Union Notices
(a) An employee appointed as Union Delegate shall upon notification by the Union to the Company be recognised as the accredited representative of the Union and he/she shall be allowed the necessary time during working hours to interview a Union Organiser who is on site, the Company or its representative on matters affecting employees whom he/she represents.
(b) A Union Organiser may, after informing the most senior manager available of his/her presence on the site and of the purpose of his/her visit, interview a delegate, or in non- working time, meet with employees who are members or eligible to be members.
(c) The Company may grant permission to a Union Organiser or delegate to hold union meetings during working time provided that:
(i) There is sufficient coverage of the work processes by employees of the company to allow normal work to continue during the meeting.
(ii) No less than 48 hours notice of the request to hold a meeting under this subclause is provided to the company
(d) The Union Delegate shall obtain permission from his/her immediate Staff Supervisor advising the location he/she is proceeding to. He/she will not be replaced by another employee for his/her period of absence except under special circumstances approved by the Company.
(e) His/her location shall be known to the employees on his Plant and he/she shall be available to return to his/her area immediately upon request by his/her Supervisor.
(f) The Company shall provide a notice board of reasonable dimensions with a glass front and lock to be erected in a prominent position upon which the accredited Union representative shall be permitted to post notices signed or countersigned by the representative posting the same. Any notices posted on such board not so signed or countersigned may be removed by an accredited Union representative or the Company.
(g) When operations permit one accredited Union representative from the duty shift shall be allowed leave with pay to attend proper constituted union meetings held on Company premises subject to his/her being recalled by the Company if required for the continued smooth operation of his/her unit of production.
(h) Subject to obtaining prior approval of the most senior management representative of the company available at the time, the appropriate union delegate shall be allowed time outside of the delegate’s rostered working hours on or away from company premises for the purpose of attending to pressing legitimate union business and shall be paid at single time rate for such time. Provided that permission shall not be unreasonably refused.
(i) Subject to gaining the approval of the company in writing, duly appointed union delegates shall be allowed leave with pay to attend Trade Union Training courses either conducted by Trade Union Training Incorporated (TUTA) or endorsed by TUTA and conducted by the Union. Approval of the company shall be subject to the following:
(i) That the company receive written notice of nomination from the union, setting out the time, dates content and venue of the course.
(ii) That not more than one person at a time and not more than 3 persons per year are nominated.
(iii) Attendance at an approved course or courses shall be for a period agreed between the union and the company provided that attendances at such approved course or courses do not exceed 15 days in the aggregate per year.
(iv) Attendance at the course or courses shall not be contrary to the operational requirements of the enterprise.
(v) For the purpose of this sub-clause employees attending a course on a day on which he or she would otherwise be working will be regarded as being on day shift for that day.
(vi) No payment shall be made to an employee for attending a course on a day on which he or she would not otherwise be working
29. Changes in the Workplace
29.1 Employment Change
(a) The Company has the sole right to plan, direct and control operations and to introduce new and improved protection methods or facilities.
(b) The Company shall not give effect to a significant change in the area of responsibility caused by the addition of significant plant items before reasonable notifications be given to the Union in order to negotiate the appropriate rates of pay for the new function.
(c) The employees shall agree without prejudice to accept a significant change in the area of responsibility for a reasonable period of time, such period to be determined beforehand to enable a survey of such responsibility to be carried out to assist in negotiations on the understanding that should an increase in pay be granted it will be retrospective to the commencement of the abovementioned trial period.
(d) The employee shall recognise decreases in areas of responsibility brought about by improvement of plant capabilities and/or process change and that such decreases in areas of responsibilities be recorded against and be recorded as credit against any increase in the areas of responsibility which may be considered under this Clause.
29.2 Mechanisation
(a) Notwithstanding any provisions contained in this Award where on account of the introduction or proposed introduction by the Company of mechanisation or technological changes in the industry in which it is engaged, the Company terminated the employment of an employee who has been employed by the Company for the preceding twelve months, the Company shall give the employee three months’ notice of the termination of his employment; provided that, if the Company fails to give such notice in full.
(b) It shall pay the employee at the rate specified for the employees ordinary classification in Clause 11 of this Award for a period equal to the difference between three months and the period of notice given, and
(c) The period of notice required by this Subclause to be given shall be deemed to be service with the Employer for the purpose of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of those Acts; and provided further that the right of the Company summarily to discuss an employee without notice for neglect of duty or misconduct (and in such cases wages shall be paid up to the time of dismissal only) shall not be prejudiced by the fact that the employee has been given notice pursuant to this Subclause of the termination of his employment.
(d) Should the Company propose to introduce into the industry in which it is engaged mechanisation or technological changes which will result in one or more employees becoming redundant the Company shall give notifications in accordance with this Subclause at least six months before the introduction of such mechanisation or technological changes, and, if it is not practicable for the Company to give such introduction, then it shall give the notifications as early as it practicable for the Company to give them. The notifications to be given in accordance with this Subclause are notifications in writing to the Industrial Registrar, and the Union Secretary, of the number of persons who may become redundant on account of the introduction or the proposed introduction by the Company of mechanisation or technological changes in the industry in which it is engaged, and of their occupations and of the approximate date when their employment is likely to terminate on account of such introduction.
(e) If the Company gives to an employee notice of the termination of employment on account of the introduction or proposed introduction of mechanism or technological changes, within fourteen days thereafter the Company shall give notifications in writing to the Industrial Registrar, and (if the employee is a member of the Union), the Union Secretary, of the fact, stating the employees name and address and usual occupation and the date when the employment terminated or will terminate in accordance with the notice given.
29.3 Redundancy
(a) Redundancy means a situation where an employee is terminated because the employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone. The ordinary and customary turnover of labour is not a redundancy.
(b) Prior to a redundancy taking place, the company will advise the employee(s) affected and the union as early as possible.
(c) Employees who have been engaged on a temporary, casual or short term basis, and have been advised of such arrangement at the time of employment will not be regarded as being redundant for the purposes of this clause.
(d) The provisions of this clause will not apply to employees who are terminated by the company for reasons other than redundancy, nor will it apply to employees who terminate their employment of their own accord.
(e) Employees taking voluntary redundancy shall also receive the provisions of this clause.
(f) Employees under a notice of termination due to redundancy shall be allowed reasonable time off, to a maximum of One day Per Week during the notice period, for employment interviews subject to production of proof of attending the interview(s).
(g) An employee who finds an alternative position during the Notice of Termination period may, with the consent of the company, terminate his or her employment prior to the expiry of the period of notice without forfeiting the right to redundancy compensation. The company’s consent in such circumstances shall not be unreasonably withheld.
(h) The company’s need to maintain an efficient workforce and an efficient operation will be taken into account in the selection of employees to be made redundant.
(i) "Weeks Pay" means an employee’s normal rate of pay for an ordinary week’s work at the time of receiving notice of termination. The normal rate of pay does not include overtime, site allowances, travelling allowances or other like payments that do not directly relate to a normal weeks pay.
(j) Redundant employees shall receive an itemised statement of all payments within seven (7) days of receiving Notice of Termination. A certificate of service shall be made available to employees on request.
(k) Explanation of Redundancy Provisions:
Employees deemed redundant under the provisions of the clause shall receive the following period of notice and severance payments on the termination of their employment with the employer. Such period of notice and severance payments will be in addition to any salary wage or other award or statutory entitlements which may be due at that date, but are instead of any Notice/ Redundancy/ Retrenchment benefit contained within the applicable award(s) or legislation.
(l) "Continuous Service" means an unbroken period of employment up to the point where the employee is terminated. Broken periods of employment shall not be taken into account.
(m) Employees deemed redundant shall receive the following notice provision or payment in lieu thereof:
|Period of Continuous Service |Period of Notice |
|1 year or less |1 week |
|1 year and up to the completion of 3 years |2 weeks |
|3 years and up to the completion of 5 years |3 weeks |
|5 years and over |4 weeks |
(n) In addition to the period referred to above, an employee over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional weeks notice.
(o) In addition to the period of notice or payment in lieu, a redundant employee shall receive severance payment according to the following table: *
|Years of Service |Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |4 weeks |
|2 years and less than 3 years |7 weeks |
|3 years and less than 4 years |10 weeks |
|4 years and less than 5 years |12 weeks |
|5 years and less than 6 years |14 weeks |
|6 years and less than 7 years |16 weeks |
(p) Where an employee is 45 of age or over, the entitlement shall be in accordance with the following table:
|Years of Service |Entitlement |
|Less than 1 year |Nil |
|1 year and less than 2 years |5 weeks |
|2 years and less than 3 years |8.75 weeks |
|3 years and less than 4 years |12.5 weeks |
|4 years and less than 5 years |15 weeks |
|5 years and less than 6 years |17.5 weeks |
|6 years and less than 7 years |20 weeks |
(q) An employee deemed redundant shall receive a maximum severance payment of 48 weeks on the basis of an additional 2 weeks pay for every year of service above 7 years and paid pro-rata on completed months of service which are less than a completed year.
(r) Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement age. In this paragraph "normal retirement age" means 70 years.
(s) For the purposes of this clause, statutory entitlements shall be deemed to include a pro-rata payment for long service leave for redundant employees with over five years continuous service with the company.
(t) An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. When considering making such an application, the company will consult through the consultative mechanism. Items for discussion will include; the transfer of accrued benefits, travel arrangements, nature of the work in the new employment and wage rates".
(u) All accrued sick leave will be paid to all employees being retrenched
(v) Death while on Notice: Should an employee under notice of retrenchment die before the intended date of termination, all benefits of this redundancy clause to which an employee was entitled shall be paid directly to that employee’s estate
30. Disciplinary and Dispute Procedures
30.1 Dispute Procedure
Subject to the Industrial Relations Act 1996, any dispute or claim as to the wages and/or conditions of employment of any employee in regard to whom the Employer is bound by this Award, shall be settled in the following manner:
(a) The employee shall first discuss the matter with his supervisor.
(b) If the matter is not resolved it shall be discussed by the shift representative, the employee and the appropriate supervisor.
(c) If the dispute is not settled by this method, the shift representative shall contact the senior Union delegate and at the same time the supervisor shall contact the accredited representative of the Company who shall further discuss and resolve the matter or arrange a conference at the earliest possible time.
(d) If not settled, the matter shall be further discussed between the Secretary or his accredited representative of the Union and the accredited representative of the Company. (Bonafides must be established from both parties).
(e) If the matter is still not settled, the parties may seek the assistance of a mutually acceptable conciliator, or the matter shall be submitted to the Industrial Relations Commission of New South Wales whose decision shall, subject to any right to appeal in accordance with the Industrial Relations Act 1996 be final and may be accepted by the parties.
(f) Until the matter is determined, work shall continue normally. Where it is agreed between the parties that there is an existing custom work will continue in accordance with that custom, but where there is no agreement as to custom, the employer’s direction shall be accepted. No party shall be prejudiced as to final settlement by the continuation of work in accordance with the Subclause.
30.2 Disciplinary Procedure
(a) It is a normal part of a Supervisor/Employee relationship that the Supervisor will need to inform his people if they are not working in a correct manner. Such discussions are not meant to be disciplinary. However, in the event of disciplinary action where warning of possible dismissal or demotion is involved a Supervisor and/or Manager shall take the following steps:
(b) He shall inform the employee concerned that he proposes to take a disciplinary action and advise the employee that he or she is entitled to be accompanied by his Union delegate or co-delegate.
(c) He shall advise the Union delegate or in his absence, the co-delegate, of his intention to issue a warning, and allow the delegate or the co-delegate to counsel the employee concerned if the employee so wishes.
(d) He shall issue the warning in the presence of the delegate and/or co-delegate.
(e) He shall document the matter and forward the details to the Plant Manager.
(f) It must be clear to all parties that a formal warning is not deemed by the Company to have occurred unless documented and unless the employee is given the right of delegate representation.
(g) After the first offence, a verbal warning will be issued in the presence of a Union delegate by the departmental supervisor. Counselling will be provided and the warning will be recorded in writing.
(h) After the second offence, a written warning will be issued and further counseling provided. The warning will notify offender that the next offence will result in disciplinary action.
(i) Third offence will result in immediate disciplinary action, which may include termination.
(j) Management has the right to review any verbal or written warnings after six months and remove them from the personnel file.
(k) Nothing under this procedure will effect the right of the parties under existing provisions of this agreement.
(l) An employee under this procedure always reserves the right of appeal.
(m) The Company under this procedure always reserves their right to summary dismissals under clause 6(b) of the award.
31. Training Committee
The parties to the Continental Carbon site agreement recognise that in order to increase the efficiency, productivity and competitiveness of the Company, a commitment to training and skill development is required. Accordingly the parties commit themselves to:
(a) developing a more highly skilled and flexible workforce;
(b) providing employees with career opportunities through appropriate skills; and
(c) removing barriers to the utilisation of skills required in line with the need of the enterprise.
As part of this commitment the parties agree to establish a Classification and Training Development Committee. This committee has been constituted to confer in good faith concerning classification structures with a view to identifying and developing an appropriate new skills based classification structure and training programme that will assist in developing employees skills and meet the current production processes on site.
The Committee shall adopt and observe the following arrangements:
The Committee will be comprised of an equal number of employers representatives and employees representatives
Before each meeting an agreed Agenda shall be distributed to all members of the Committee
Minutes shall be taken at each meeting and distributed to members within 10 working days. The minutes shall be confirmed as true and correct by members at the next meeting and shall then be available for general distribution.
Where members of the Committee are in disagreement on an issue the parties shall comply with the dispute settlement procedure.
In relations to matters of a complex nature, the Committee may seek expert assistance, as agreed by the Committee.
Vacancies occurring for employees shall be filled by conducting employee elections for the vacant position.
32. Company Policy Commitments
(a) The parties to the award and all employees undertake to abide by the Company Quality and Policy procedures.
(b) The parties to the award and all employees will abide by the Company Rehabilitation and Safety Policy.
33. Annual Health Checks
(a) The company requires that each employee undergo an annual health check during each year of employment.
(b) This health check will be arranged by the company and shall be at no cost to the employee.
34. Accident Pay
For the purposes of this Section and subject to the terms of this Section the words hereunder shall bear the respective definitions base set out hereunder:-
"Accident Pay"
(a) In the case of an employee who is or is deemed to be totally incapacitated within the meaning of the Workers Compensation Act 1987 means a weekly payment of an amount representing the difference between on the one hand, the total amount of compensation including other allowances paid to the employee during incapacity pursuant to Section 9 of the Workers Compensation Act 1987 for the week in question and on the other hand the total 35 hour weekly award rate and weekly over-award payment being made to such employee at the date of the injury giving rise to the said payments of compensation together with or less as the case may be any variation in award rates which would have been applicable to the classification of such employee for the week in question if he had been performing his calculation any payment for overtime earnings, site disability allowances (that is any allowances that an employee does not normally receive when he is absent from work with pay to foundry allowances, fares and travelling time allowances and any other ancillary payments payable by the employer shall not be taken into account; or
(b) In the case of an employee partially incapacitated within the meaning of the Workers Compensation Act 1987 means a weekly payment of an amount representing the difference between on the one hand, the total amount of compensation paid to the employee during incapacity pursuant to Section 11 (1) of the Workers Compensation Act 1987 for the week in question together with the average weekly amount he is earning or is able to earn in some suitable employment or business as determined expressly or by implication by the Workers Compensation Commission of New South Wales or as agreed between the parties and on the other hand the total 35 hour weekly award rate and weekly over-award payments being paid to such employee at the date of the injury giving rise to the said payments of compensation together with or less as the case may be any variation in award rates which would have been applicable to the classification of such employee for the week in question if he had been performing his normal duties providing that in making such calculation any payment for overtime earnings, site disability allowances (that is any allowances that an employee does not normally receive when he is absent from work with pay), foundry allowances, fares and travelling time allowances and any other ancillary payments payable by the employer shall not be taken into account, subject to the provision that where in respect of any claim for compensation brought by an employee in the Workers Compensation Commission pursuant to Section 11 (1) of the Workers Compensation Act 1987 the Commission awards to him an amount of weekly compensation, or agreement is reached that the employee should receive a weekly amount of compensation less than the difference referred to in Section 11 (1) of the Act, such an award or agreement will not operate to increase any liability of the employer to pay any higher amount of Accident Pay pursuant to this agreement by reason of the employee receiving less than the said difference referred to in Section 11 (1) of the Workers Compensation Act 1987 and for the purpose of this calculation the employee in such event shall be deemed to have recovered the full amount of the difference referred to in Section 11 (1) of the Act. For the purposes of (a) and (b) of this definition where an employee receives remuneration by way of any form of bonus scheme in lieu of or in addition to over-award payments his weekly over-award payment shall be deemed to be or include the average weekly bonus earned by his during the 13-week period immediately preceding the date of the injury or during the whole period of his employment whichever is the lesser period.
(c) "Injury" means any injury within the meaning of the Workers Compensation Act 1987 (including but without limiting the generality thereof, injury received during daily or periodic journeys as defined by Section 7 of the Workers Compensation Act 1987) resulting in incapacity and for which compensation is being paid within the meaning of the said Act.
(d) "Incapacity" shall have the same meaning as in the Workers Compensation Act 1987.
(e) "Workers Compensation Act" The Workers Compensation Act 1987 (as amended) of the State of New South Wales.
(f) Always subject to the terms of this section an employee covered by this Section shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Workers Compensation Act 1987 be paid Accident Pay by the employer who directly employs him under a contract of service or apprenticeship and is liable to pay compensation under the provisions of the said Workers Compensation Act 1987, which said liability by the employer for Accident Pay may be discharged by another person on his behalf provided that:
(g) Accident Pay shall only be payable in respect of a period or periods of any incapacity of an employee whilst such employee remains in the employment of the employer who employed him at the time of the injury, causing such period or periods of incapacity.
(h) No Accident Pay shall be payable in respect of any period of incapacity commencing during the first two weeks of employment of an employee by an employer unless such period of incapacity is continuing at the date of expiration of the first two weeks of such employees employment in which case Accident Pay will be payable only in respect of that part of such period of incapacity occurring after the first two weeks of such employees employment. In the case of an injury within the meaning of Section 7(4), 7(4A), 7(4B) or 7(4C) of the Workers Compensation Act 1987 an employer shall not be liable to pay Accident Pay to an employee pursuant to this Agreement unless the employee has completed a minimum period of three months service with the employer prior to the date of happening of the injury as determined by Section 7(5) of the Act and provided further that as at the date of such happening the employee is still employed by the employer under a then subsisting contract of service or apprenticeship.
(i) An employee shall not be entitled to the payment of Accident Pay in respect of any period of paid annual leave, or long service leave or for any paid public holiday in accordance with the appropriate award provisions.
(j) An employee upon receiving any injury for which he claims to be entitled to receive Accident Pay shall give notice in writing of the said injury to his employer and of its manner of happening thereof and shall provide in writing all other information as the employer may reasonable require.
(k) An employee upon receiving an injury for which he is receiving payment or payments for incapacity in accordance with the provisions of the New South Wales Workers Compensation Act 1987 shall furnish evidence to the employer from time to time as required by the employer of such payment and compliance with this obligation shall be a condition precedent to any entitlement under this Section.
(l) Nothing in this Section shall in any way be taken as restricting or removing the employers right under Section 51 of the Workers Compensation Act 1987 to require the employee to submit himself to examination by a legally qualified medical practitioner, provided and paid by the employer, and if he refuses to submit himself to such examination or in any way obstructs the same, his right to receive or continue to receive Accident Pay shall be suspended pursuant to Section 51 of the Workers Compensation Act 1987 until such examination has taken place.
(m) Where a medical referee or Board within the meaning of Section 51 of the Workers Compensation Act 1987 gives a certificate as to the condition of the employee and his fitness for employment of specifies the kind of employment for which he is fit and the employer refuses or fails to resume or perform the said employment so provided then all payments in accordance with this Section shall cease and determine from the date of such refusal or failure to commence such duties.
(n) Accident Pay payable hereunder shall be payable for a maximum period or aggregate of periods in no case exceeding a total of 26 weeks for any incapacity in respect of and resulting from any one injury suffered by an employee.
(o) Where an employee is receiving Accident Pay and Accident Pay is payable for incapacity for part of a week the amount shall bear the same ratio to Accident Pay for a full week that normal working time during such part bears to the workers full normal working week.
(p) Where there is a redemption of weekly payments by the payment under Section 15 of the Workers Compensation Act 1987 of a lump sum, there shall be no further liability for Accident Pay under this Section in respect of an injury (for which weekly payments have been recovered) from the date of the said redemption in the Workers Compensation Commission of New South Wales.
(q) Notwithstanding paragraphs 6 and 7 hereof any employee who is receiving or who has received Accident Pay in respect of any injury shall furnish all relevant information to his employer concerning any action he may institute or any claim he may make for damages in respect of that injury and shall if required authorise such employer to obtain information as to the progress of such action or claim for the employees solicitors and shall if required provide an irrevocable authority to the employer entitling the said employer to a charge upon any money or monies payable pursuant to any consequent verdict or settlement.
(r) Where the employee obtains a verdict for damages against his employer or is paid an amount in settlement of any claim for damages that he or she has made against his employer in respect of any injury for which has received compensation under the Workers Compensation Act 1987 and Accident Pay he shall not be entitled to any further Accident Pay within the meaning of this Section and he shall immediately be liable upon payment to him or his agent of such verdict for damages or amount in settlement of a claim therefore to repay to his employer the amount of Accident Pay which the employer has paid in respect of the employees injury under this Section.
(s) Where the injury for which Accident Pay was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof and the employee obtains a verdict for damages or is paid an amount of money in settlement of any claim for damages he has made against that other person, he shall immediately upon payment of such verdict or amount of money to him or his agent, repay to the employer the amount of Accident Pay which the employer had paid in respect of the employees injury and the employee shall not be entitled to any further Accident Pay.
(t) Any employee who is receiving or who has receiving Accident Pay in respect of any injury shall if required by the employer or other person on his behalf authorise his employer to obtain any information required by such employer concerning such injury or compensation payable in respect thereof from the insurance company that is liable to pay compensation to such employee pursuant to the Workers Compensation Act 1987.
(u) Nothing in this Section shall require the employer to insure against his liability for Accident Pay.
(v) In the event of the rates of compensation payable pursuant to the Workers Compensation Act 1987 at the date hereof being varied at any time after the date hereof, such variations shall not operate so as to increase the amount of Accident Pay payable hereunder above the amount that would have been payable if such rates of compensation had not been varied.
(w) If the compensation payable to an employee pursuant to the Workers Compensation Act 1987 is reduced by an amount by reason of the fact that such employee is entitled to receive Accident Pay or is in receipt of Accident Pay then in calculating the amount of Accident Pay payable to such employee the compensation payable to such employee shall be deemed to be the compensation that he would have received if there had been no such reduction in compensation payments.
(x) The right to be paid Accident Pay shall terminate on the death of an employee entitled thereto and no sum shall be payable to the legal personal representative, next-of-kin, assignee or dependant of the deceased employee, with the exception of Accident Pay accrued up to the time of death.
SCHEDULE A
Settlement of Log of Claims
The parties agree that this award is in full and final settlement of the log of claims including:
Production:
Achievement and maintenance of AS3902 (including manuals etc);
Introduction and maintenance of PLC based computer systems and other technology plant capabilities, as per clause 29.1, Employment Change, and new skills required to operate equipment;
Added sampling and monitoring of C.B. boiler and A and B boilers;
Added collection of black and re-running and associated clean up
Warehouse:
Computer and keyboard skills.
All and allowances associated with bulk tanker, including filling, cleaning and emptying height allowance and the like.
Increased production processed through warehouse with the same manpower.
Personnel require additional skills and training to carry out duties.
Plus:
Car wash.
Compulsory production of cab charge dockets.
PART B
MONETARY RATES
Schedule 1 - Wage Rates
Table 1 - Weekly Rates, Basic Wage Plus Margin.
|Classification |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
| |Per week |Per week |Per week |Per week |
| |$ |$ |$ |$ |
|Production Staff | | | | |
|Operator |590.56 |611.23 |632.62 |654.76 |
|Other Employee |534.60 |553.31 |572.68 |592.72 |
|Day Worker |590.56 |611.23 |632.62 |654.76 |
|Handyman |643.07 |665.58 |688.87 |712.98 |
| | | | | |
|Shipping Staff | | | | |
|Other Employee |534.60 |553.31 |572.68 |592.72 |
| | | | | |
|Maintenance Staff | | | | |
|Licensed Electrician |669.32 |692.75 |717.00 |742.10 |
|Lic/Elec/ Inst. Fitter |710.91 |735.79 |761.54 |788.20 |
|Fitter Welder |643.13 |665.64 |688.94 |713.05 |
|Rigger Scaffolder |595.22 |616.05 |637.61 |659.93 |
|Ironworker |555.18 |574.61 |594.72 |615.54 |
|Instrument Technician |791.27 |818.96 |847.62 |877.29 |
Table 2 - Classification Related Allowances
| |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
|Allowance |Per Week |Per Week |Per Week |Per Week |
| |$ |$ |$ |$ |
|Production Staff | | | | |
|Trained L/Hand |22.26 |23.04 |23.85 |24.68 |
|Leading Hand |79.54 |82.32 |85.21 |88.19 |
| | | | | |
|Shipping Staff | | | | |
|Leading Hand 3-10 |23.93 |24.77 |25.63 |26.53 |
|Leading Hand 11-20 |35.80 |37.05 |38.35 |39.69 |
|Foreman/ Snr L/H |94.27 |97.57 |100.98 |104.52 |
| | | | | |
|Maintenance Staff | | | | |
|Welder 2nd class |52.93 |54.79 |56.70 |58.68 |
|Senior Leading Hand |94.27 |97.56 |100.97 |115.38 |
|DLI Certificate |15.63 |16.18 |16.74 |17.34 |
|Restricted Electrical |.28 P/H |.29 P/H |.30 P/H |.31 P/H |
|License | | | | |
Table 3 - Special Rates
|Allowance |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
| |$ |$ |$ |$ |
|Entry-Bag Filter etc |7.08 |7.33 |7.58 |7.85 |
|Each hour thereafter |1.24 |1.28 |1.33 |1.37 |
|Fork Lift |4.30 |4.45 |4.61 |4.77 |
|Boiler Attendant |4.82 |4.99 |5.16 |5.34 |
|Bagging Machines |4.12 |4.26 |4.41 |4.56 |
|Transport |2.05 |2.12 |2.19 |2.27 |
Table 4 - Tea Money
|Allowance |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
| |$ |$ |$ |$ |
|Tea Money |8.02 |8.30 |8.59 |8.89 |
Table 5 - Call Back Car Allowance
|Allowance |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
| |$ |$ |$ |$ |
|Call Back Car Allowance |19.06 |19.06 |19.06 |19.06 |
Table 6 - First Aid
|Allowance |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
| |$ |$ |$ |$ |
|First Aid |3.52 |3.64 |3.77 |3.90 |
Table 7 - Service Increments
| |At 1/1/99 |From 1/4/99 |From 11/1/2000 |From 11/1/2001 |
| |Per Week |Per Week |Per Week |Per Week |
| |$ |$ |$ |$ |
|After 1 year |2.97 |3.07 |3.18 |3.29 |
|After 2 years |5.82 |6.02 |6.23 |6.45 |
|After 3 years |8.77 |9.08 |9.39 |9.72 |
|After 4 years |11.55 |11.95 |12.37 |12.80 |
|After 5 years |14.63 |15.14 |15.67 |16.22 |
|After 6 years |17.59 |18.21 |18.84 |19.50 |
|After 7 years |20.35 |21.07 |21.80 |22.56 |
|After 8 years |23.04 |23.85 |24.68 |25.54 |
|After 9 years |26.18 |27.10 |28.04 |29.02 |
|After 10 years |29.23 |30.25 |31.31 |32.41 |
B. W. O'NEILL, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(284) |SERIAL C0420 |
NEWCASTLE PORT CORPORATION AND AIMPE AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 1158 of 2001)
|Before the Honourable Mr. Deputy President Harrison |23 May and 6 June 2001 |
REVIEWED AWARD
PART A
1. TITLE
This Award shall be known as the Newcastle Port Corporation and AIMPE Award 2001.
2. Arrangement
This award is arranged as follows:
Clause No. Subject Matter
1. Title
2. Arrangement
3. Definitions
4. Date the award starts
5. Where and who the award covers
6. Who is bound by this award?
7. Relationship with other awards
8. Procedure to avoid industrial disputation
9. Anti-discrimination
10. Payment of Salaries
11. Hours of Work
12. Overtime
13. Redundancy
14. Termination of employment
15. Superannuation
16. Annual Leave
17. Personal Leave
18. Parental Leave
19. Jury service
20. Public holidays
21. Long Service Leave
22. Enterprise Flexibility Agreements
23. Relieving
PART B
WAGE RATES
3. Definitions
"Commission" means the Industrial Relations Commission of New South Wales.
"Day Worker" shall mean any Employee who is not engaged in shift work.
"Disability allowance" shall include all allowances including, but not limited to, annual leave loading, travel allowances, overtime and any other rates and allowances contained in this award except shift allowances.
"Employee" includes any Employees of the Newcastle Port Corporation who are members of the Institute.
"Employer" shall mean the Newcastle Port Corporation.
"Institute" shall mean the Australian Institute of Marine and Power Engineers, NSW District ("AIMPE").
A "Maritime Officer" shall mean an Employee as defined.
"Shiftworker" shall mean an Employee who is rostered on shiftwork:
"Shiftwork" falls into two categories, which are defined as follows:
"Continuous Shift Work" shall mean continuous port services work carried out according to a continuous shift process with consecutive shifts of employees over a twenty-four hour period.
"Non Continuous Shift Work" shall mean port services work carried out on a rostered basis by Employees on other than continuous shiftwork.
4. Date Award Starts
This Award comes into force on 23 May 2001 and shall remain in force for a period of three (3) years.
5. Who is Bound By the Award?
This award is binding upon the following parties:
Newcastle Port Corporation
The Employees of the Newcastle Port Corporation who are members of the Institute
Australian Institute of Marine and Power Engineers, NSW District ("the Institute").
6. Where and Who the Award Covers
6.1 Where does the award apply?
This award applies at the port of Newcastle.
6.2 Who does the award apply to?
This award relates to persons employed by Newcastle Port Corporation ("the Employer") who are members of the Institute and who are engaged in the positions of Dredge Engineer and Vessel Maintenance Officer or similar such titles that may be used by the Employer to describe those positions.
7. Relationship With Other Awards
This Award supersedes the Maritime Services Board (Masters, Engineers Pilot Vessels and Dredging Plant, Pilots Minor Trading Ports) Award.
8. Procedure to Avoid Industrial Disputation
8.1 Steps to be followed in resolving a dispute
To enable claims, issues and disputes to be progressed while work proceeds normally, the following procedures are to apply:
Step 1 Employee(s) and/or delegate(s) of the Institute involved will place the claim, issue or dispute before his/her immediate supervisor. The immediate supervisor will take all reasonable steps to reply to the Employee(s) and/or delegate(s) as soon as possible. If the reply cannot be given by the end of the next ordinary working shift, a progress report will be given.
Step 2 Failing agreement, Employee(s) and/or delegate(s) of the Institute involved will place the claim, issue or dispute before the line manager or his/her representative. The line manager or his/her representative will take all reasonable steps to reply to the Employee(s) and/or delegate(s) as soon as possible. If a reply cannot be given by the end of the line manager’s or his/her representative’s next ordinary working day a progress report will be given.
Step 3 Failing agreement, Employee(s) and/or delegate(s) and/or official(s) of the Institute involved will place the claim, issue or dispute before the personnel and industrial relations branch of the business unit or the central industrial relations branch in respect of other areas. The claim, issue or dispute and all relevant circumstances relating to it shall then be fully reviewed by the manager, personnel or industrial relations of the business unit or the central manager, industrial relations in respect of other areas and by the Institute involved and all reasonable steps shall be taken in an endeavour to resolve the matter.
Step 4 In the event of failure to resolve a matter by steps 1 to 3, the institute will notify the Labor Council of NSW of the dispute in lieu of referring the issue for determination by an industrial tribunal.
Step 5 No action is to be taken by the Institute which would affect the Employer’s operations whilst a dispute is under investigation.
Step 6 A cooling-off period of five days, excluding weekends and public holidays, is to apply to enable the Labor Council to assist in the resolution of the dispute.
Step 7 Failing agreement, the claim, issue or dispute is to be referred to the appropriate industrial tribunal, if the Institute wants to pursue it further.
Step 8 The above procedures do not apply to claims, issues or disputes relating to genuine safety matters. In such matters the Employer will undertake immediate investigations including discussions with the Employee(s) and/or delegate(s) and/or official(s) of the Institute involve.
Step 9 These procedures will apply to any demarcation dispute and work is to continue as normal where it is agreed that there is an existing custom; otherwise work is to continue at the direction of the Employer.
Step 10 Nothing contained herein precludes the Employer and the Labor Council from entering into direct negotiations.
9. Anti-Discrimination
9.1 It is the intention of the respondents to this award to achieve the principal object in s.3(f) of the Industrial Relations Act 1996 (NSW) to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity and age.
9.2 It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operations of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms of operation, has a direct or indirect discriminatory effect.
9.3 Under the Anti-Discrimination Act 1977, it is unlawful to victimise an Employee because the employee has made or may make or has been involved in a complaint or unlawful discrimination or harassment.
9.4 Nothing in this clause is to be taken to affect:
9.4.1 any conduct or act which is specifically exempted from anti-discrimination legislation;
9.4.2 offering or providing junior rates of pay to persons under 21 years of age;
9.4.3 any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
9.4.4 a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.
9.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.
10. Payment of Salaries
10.1 Salaries shall be paid fortnightly. Any other amount shall be paid to the Employee on the next pay day but one after it has been earned. Payment will be into a bank or other account.
11. Hours of Work
11.1 Ordinary hours of employment shall be no more than 40 hours per week averaged over a fifty-two week period. In addition, by agreement between the Employer and the Institute, additional ordinary hours will be worked to provide continuity of operations and short-term relief. All hours (including published roster hours) in excess of 38 hours per week are additional hours & shall be recognised in the working conditions component of the shiftworkers salary as expressed in the site Enterprise Agreement.
11.2 Continuous Shift Worker
The ordinary hours of continuous shift workers, whether worked on eight or twelve-hour shifts shall be an average of 38 per week over a four week and six week cycle respectively. Such hours shall be worked according to rosters agreed between the parties. After each four hours of duty occurring within the ordinary rostered hours a crib of thirty minutes shall be allowed.
In respect of each eight-hour ordinary shift worked 0.4 of one hour shall accrue towards an entitlement to take one shift off in each four-week cycle. In the case of twelve-hour shifts such accrual shall be 0.6 of one hour for each twelve-hour ordinary shift worked in a six weeks cycle.
11.3 Dredge Engineer and Vessel Maintenance Officer - Dredging Plant:
11.3.1 Day Workers
Starting and finishing times should be mutually agreed between management of the Employer and Employees within the time span 7.00am to 7.00pm; however, if agreement cannot be reached the needs of the organisation must prevail and the Employer will determine starting and ceasing times. Employee coverage to meet the needs of the Employer will be determined through a process of mutual co-operation at Unit/Section level and will where possible take into account the specific needs of Employees.
11.3.2 Accrued Day Off - Day Workers
The day to be taken off by any particular Employee in each four week cycle shall be a day nominated by the Employer. Such day will be nominated so as to suit the requirements of the Employer’s activities.
11.3.3 Shift Workers
The ordinary working hours of shift workers, whether worked on eight or twelve hour shifts, shall be an average of 38 hours per week, over a four week and six week cycle respectively.
Such hours shall be worked according to rosters agreed between the Employer and Employee.
In respect of each eight hour ordinary shift worked 0.4 of one hour shall accrue towards an entitlement to take one shift off in each four week cycle. In the case of twelve hour shifts such accrual shall be 0.6 hour for each twelve hour ordinary shift worked in a six week cycle.
Except at regular changeover of shifts an Employee shall not be required to work more than one ordinary shift in every twenty four hours. The times of working shifts shall be in accordance with rosters, alteration of hours and an alteration to the requirement to work shifts may be done by the Employer giving Employees at least seven days notice. A crib of thirty minutes shall be allowed after four hours of work.
11.4 The commencing and ceasing times may be altered by agreement between the Employer and the Institute in the event of disagreement by the Commission to suit local conditions or to meet any exigency that may arise.
11.5 Public Holidays
Where a public holiday falls on a day rostered off as a consequence of a 38 hour week, the next working day shall be taken as the rostered day off, unless an alternate day is agreed between the Employee and the Employer.
11.6 Leave
Each day of paid leave taken shall be regarded as a day worked for the purposes of the accrual of rostered days off.
12. Overtime
12.1 Reasonable Overtime
An Employer may require an Employee, other than a casual Employee, to work reasonable overtime.
13. Redundancy
13.1 Definition
Redundancy occurs when an Employer decides that the Employer no longer wishes the job the Employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour. Redundancy is subject to the normal consultative processes outlined in the dispute settling procedures of this award.
13.2 Severance Pay
13.2.1 In addition to the period of notice prescribed for ordinary termination in sub-clause 14.1 an Employee whose employment is terminated by reason of redundancy must be paid, subject to further order of the Commission, the following amount of severance pay in respect of a continuous period of service:
|Period of continuous service |Under 45 years of age |Over 45 years of age |
|Less than 1 year |Nil |Nil |
|1 year and more but less than 2 years |4 weeks’ pay |5 weeks’ pay |
|2 years and more but less than 3 years |7 weeks’ pay |8.75 weeks’ pay |
|3 years and more but less than 4 years |10 weeks’ pay |12.5 weeks’ pay |
|4 years and more but less than 5 years |12 weeks’ pay |15 weeks’ pay |
|5 years and more but less than 6 years |14 weeks’ pay |17.5 weeks’ pay |
|6 years and more |16 weeks pay |20 weeks’ pay |
13.2.2 Week’s pay means the ordinary time rate of pay for the Employees concerned.
13.2.3 Provided that the severance payments shall not exceed 26 weeks.
13.3 Employee leaving during notice period
An Employee whose employment is terminated by reason of redundancy may terminate his/her employment during the period of notice and, if so, will be entitled to the same benefits and payments under this clause had they remained with the Employer until the expiry of such notice. However, in this circumstance the Employee will not be entitled to payment in lieu of notice.
13.4 Alternative employment
An Employer, in a particular redundancy case, may avoid making any severance payment if the Employer obtains suitable alternative employment for an Employee.
In particular, where as a result of restructuring a position is created which did not have an equivalent in the old structure, or it is so different that it is clearly a new position, and Employer may choose to maintain that Employee’s salary for a period of 12 months. After that time, the salary will be set at the level of the position.
13.5 Time off during notice period
13.5.1 During the period of notice of termination given by the Employer and the Employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.
13.5.2 If the Employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Employee shall, at the request of the Employer, be required to produce proof of attendance at an interview or he or she shall not receive payment of the time absent. For this purpose a statutory declaration will be sufficient.
13.6 Employees exempted
13.6.1 This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal including inefficiency during a probationary period, neglect of duty or misconduct. This clause shall not apply to casual Employees or Employees engaged for a specific period of time or for a specific task or tasks.
14. Termination of Employment
14.1 Notice of termination by Employer
14.1.1 In order to terminate the employment of a full-time or part-time Employee the Employer shall be required to give the period of notice specified in the table below:
|Period of continuous service |Period of Notice |
|1 year or less |1 week’s pay |
|Over 1 year and up to the completion of 3 years |2 week’s pay |
|Over 3 years and up to the completion of 5 years |3 week’s pay |
|Over 5 years of completed service |4 week’s pay |
14.1.2 In addition to this notice, Employees over 45 years of age at the time of the time giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.
14.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the Employee working part of the required period of notice and by the Employer making payment for the remainder of the period of notice.
14.1.4 In calculating any payment in lieu of notice, the wages an Employee would have received in respect of the ordinary time they would have worked during the period of notice had their employment not been terminated will be used.
14.1.5 The period of notice in this clause, shall not apply in the case of dismissal for conduct that justifies instant dismissal including inefficiency during the probationary period neglect of duty or misconduct. The period of notice in this clause shall not apply to casual Employees or Employees engaged for a specific period of time or for a specific task or tasks.
14.2 Notice of termination by an Employee
14.2.1 The notice of termination required to be given by an Employee is the same as that required of an Employer, save and except that there is no requirement on the Employee to give additional notice based on the age of the Employee concerned.
14.2.2 If an Employee fails to give notice the Employer has the right to withhold monies due to the Employee to a maximum amount equal to the ordinary time rate of pay for the period of notice.
14.3 Time off during notice period
Where an Employer has given notice of termination to an Employee, an Employee shall be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the Employee after consultation with the Employer.
15. Superannuation
15.1 Unless otherwise agreed only the following Superannuation Schemes shall be recognised and utilised for Employer contributions and shall, subject to individual fund eligibility rules, be available to the Employees.
(i) First State Super (FSS) - NSW
(ii) State Authorities Superannuation Scheme (SASS) - NSW
(iii) State Superannuation Scheme (SSS) - NSW
16. Annual Leave
16.1 How long is annual leave?
An Employee is entitled to annual leave in accordance with the Annual Holiday Act 1940.
16.2 When to take annual leave?
An Employee may take annual leave at a time agreed with the Employer within twelve months of accrual, unless alternative arrangements are agreed.
16.3 How much notice?
The Employer and Employee shall seek to reach agreement on the taking of annual leave at a mutually convenient time. In the absence of agreement the Employer may give at least fourteen days notice of the commencement of leave or part of leave which is due to the Employee.
16.4 Payment instead of leave
An Employee must take annual leave. However, if the Employee leaves or is dismissed, the Employer must pay the Employee any leave entitlement including a proportionate amount for each full month worked since the Employee began working or last qualified for leave.
16.5 Public holidays falling within annual leave
16.5.1 If a public holiday falls within an Employee’s annual leave, is prescribed in the award, and is on a day which would have been an ordinary working day, then:
extra time equivalent to the public holiday is added to the Employees annual leave; or
the Employee can choose to be paid for the public holiday instead of having the extra time.
16.5.2 The Employee won’t receive any pay for the public holiday unless:
the Employee starts work at the next rostered starting time on the first working day after his or her annual leave ends; or
the Employee has a reasonable cause for starting late.
17. Personal Leave
17.1 Amount of paid personal leave
17.1.1 Paid personal leave is available to an Employee when he or she is absent due to:
personal illness or injury (sick leave); or
for the purposes of caring for an immediate family or household member that is sick and requires the Employee’s care and support (carer’s leave); or
because of bereavement on the death of an immediate family or household member (bereavement leave).
17.1.2 The minimum amount of personal leave to which an Employee is entitled is a minimum of thirty-five (35) hours on full pay for each year of service.
17.2 Immediate family or household
17.2.1 The entitlement to carer’s or bereavement leave is subject to the person in respect of whom the leave is taken being either:
(a) a member of the Employee’s immediate family; or
(b) a member of the Employee’s household.
17.2.2 The term immediate family includes:
(a) spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the Employee. A de facto spouse means a person of the opposite sex to the Employee who lives with the Employee as his or her husband or wife on a bona fide domestic basis; and
(b) child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the Employee or spouse of the Employee.
17.3 Sick Leave
17.3.1 Definition
Sick leave is leave to which an Employee other than a casual is entitled without loss of pay because of his or her personal illness or injury to a minimum of thirty-five (35) hours and to a maximum of forty (40) hours per year of service cumulative on a three year to date basis.
17.3.2 Employee must give notice
(a) Subject to 17.3.2(c), before taking sick leave, an Employee must give at least two hours’ notice before his or her next rostered starting time.
(b) The notice must include:
the nature of the injury or illness (if known); and
how long the Employee expects to be away from work.
(c) If it is not practicable for the Employee to give prior notice of absence, the Employee must notify the Employer by telephone at the first opportunity.
17.3.3 Evidence supporting claim
The Employee must, if required by the Employer, establish by production of evidence satisfactory to the Employer that the Employee was unable to work because of injury or personal illness.
17.3.4 The effect of workers’ compensation
If an Employee is receiving workers’ compensation payments, he or she is not entitled to sick leave.
17.4 Bereavement leave
17.4.1 Paid leave entitlement
An Employee other than a casual Employee is entitled to use a minimum of fourteen (14) hours to a maximum of sixteen (16) hours personal leave as bereavement leave on any occasion on which a member of the Employee’s immediate family or household dies.
17.4.2 Unpaid leave entitlement
Where an Employee has exhausted all personal leave entitlements, including accumulated entitlements, he or she is entitled to use a minimum of fourteen (14) hours to a maximum of sixteen (16) hours unpaid bereavement leave.
17.4.3 Evidence supporting claim
The Employer may require the Employee to provide satisfactory evidence of the death of the member of the Employee’s immediate family or household.
17.5 Carer’s leave
17.5.1 Use of Sick Leave
(a) An Employee, other than a casual Employee, with responsibilities in relation to a class of person set out in (c)(2) who needs the Employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 17.3 of the award, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.
(b) The Employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.
(c) The entitlement to use sick leave in accordance with this subclause is subject to:
(1) the Employee being responsible for the care of the person concerned; and
(2) the person concerned being:
(i) a spouse of the employee; or
(ii) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or
(iii) a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the Employee or spouse or de facto spouse of the Employee; or
(iv) a same sex partner who lives with the Employee as the de facto partner of that Employee on a bona fide domestic basis; or
(v) a relative of the Employee who is a member of the same household, where for the purposes of this paragraph:
(a) "relative" means a person related by blood, marriage or affinity;
(b) "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and
(c) "household" means a family group living in the same domestic dwelling.
(d) An Employee shall, wherever practicable, give the Employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person’s relationship to the Employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the Employee to give prior notice of absence, the Employee shall notify the Employer by telephone of such absence at the first opportunity on the day of absence.
17.5.2 Unpaid Leave for Family Purpose
An Employee may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in (c)(2) above who is ill.
17.6 Leave Without Pay
17.6.1 Good and sufficient reason for the leave must be shown and the Head of the Branch must be satisfied that the Employee intends to resume duty with the Employer on the expiration of his/her leave.
17.6.2 In the case of superannuated contributions, periods of leave without pay in excess of six months may only be granted if satisfactory arrangements are made for the office to pay his/her own superannuation contributions as well as the Employer’s liability, for the whole period of leave without pay.
17.6.3 The Employee may not accept private employment during leave without pay, without approval of the Employer.
17.6.4 Any periods of leave without pay taken by an Employee shall not count as service for long service leave purposes.
17.6.5 "Recreation Leave and sick leave will not accrue during period of Leave Without Pay".
17.6.6 Leave Without Pay in excess of five working days will not count as service for incremental purposes.
17.6.7 Where an Employee has been granted leave of absence without pay, for purposes other than his/her inability to attend for duty through sickness or ill-health, any holiday occurring during the first two weeks of such absence shall be paid, provided that where the number of periods of such absence exceeds one in any twelve months, payment shall only be made in respect of the first of such period.
17.6.8 Leave without pay is to be granted on the understanding that the right of the Employer to abolish any position on the grounds of redundancy and to terminate the services of the employee should the circumstances so require during such absence, will not be affected by the granting of leave.
18. Parental Leave
18.1 See the provisions of the Industrial Relations Act 1996
18.2 Maternity Leave
18.2.1 Female Employees who have completed at least forty weeks continuous service with an Employer, shall be granted paid Maternity Leave on full pay for 315 hours (Day Workers) and 342 hours (Shift Workers) from the date the Maternity Leave commences. Maternity Leave may commence up to 9 weeks prior to the expected date of birth, as indicated on the medical certificate furnished by the Employee with the application for Maternity Leave.
19. Jury
19.1 An Employee other than a casual Employee required to attend for jury service during their ordinary working hours will be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of the ordinary wage they would have received Monday to Friday in respect to attendance for jury service.
19.2 An Employee shall notify the Employer as soon as possible for the date upon which they are required to attend for jury service.
19.3 Further, the Employee shall give the Employer proof of attendance, the duration of such attendance and the amount paid in respect of such jury service.
20. Public Holidays
20.1 Employees shall be entitled to the following holidays without loss of pay: New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Newcastle Show Day, National Aboriginal Day (for declared Aboriginal Employees), Labour Day, Christmas Day, Boxing Day.
Any additional Public Holiday day - at the discretion of the Employer to nominate or substitute a different day
Or such other day as is generally observed in the locality as a substitute for any of the said days respectively:
21. Long Service Leave
21.1 An Employee is entitled to long service leave in accordance with the Long Service Leave Act 1955 (NSW) except where elsewhere provided in a certified agreement between the parties of this Award.
22. Enterprise Flexibility Agreement
22.1 In this clause a "relevant union" means an organisation of Employees that:
is party to this award; and
has one or more members employed by the Employer to perform work in the relevant enterprise or workplace.
22.2 At each enterprise or workplace, consultative mechanisms and procedures will be established comprising representatives of the Employer and Employees. Each relevant union will be entitled to be represented.
22.3 The particular consultative mechanisms and procedures will be appropriate to the size, structure and needs of the enterprise or workplace.
22.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.
22.5 Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary will be made to the Commission. The agreement will be made available in writing, to all Employees at the enterprise or workplace and to the unions, party to this award.
23. Relieving
23.1 Any Employees who are required to relieve in a higher classification after one week or more shall be paid an allowance equal to the difference between their salary and the salary of the higher classification for the whole period.
23.2 Any Employee relieving in a lower classification shall not suffer any reduction in salary or wage.
24. Wage Rates
24.1 The rates of pay contained in Part B of this award include the adjustments payable under the State Wage Cases of 1998, 1999 and 2000. These adjustments may be offset against:
Any equivalent overaward payments; and/or
Award wage increases since 29 May 1991 other than the safety net, State Wage Case, and minimum rates adjustments.
PART B
WAGE RATES & ALLOWANCES
|Position |Total Rate |Total rate per |Minimum Rate per|Residual per |Disabi. and |Annual leave |Metal Industry|Indicative |
| |per annum |week (divided by|week |week |Travel |loading pw |Equiv, |Positions in |
| | |365.25 x 7 = | | |allow. |(cal. as | |Ports |
| | |weekly rate) | | | |1.34%) | | |
|Maritime |60,718 |1163.68 |1112 |36.07 |- |(814 pa) 15.61|- |- |
|Officer Award | | | | | | | | |
|Level 8 | | | | | | | | |
|Maritime |68,340 |1309.40 |1208 |84.13 |- |(916 pa) |- |- |
|Officer Award | | | | | |17.57 | | |
|Level 9 | | | | | | | | |
|Maritime |76,915 |1474.74 |1351 |104.00 |- |(1031 pa) |- |- |
|Officer Award | | | | | |19.74 | | |
|Level 10 | | | | | | | | |
Shiftwork Allowances: Shall be paid to eligible shiftworkers as indicated.
|Shiftworker Classification |Minimum Per Annum Rate |Minimum Weekly |
| | |ate (Divided by 365.25 x 7) |
|Shiftworker (Port Services Level 1) |15,480 |296.67 |
|Shiftworker (Port Services Level 2) |17,765 |340.46 |
R. W. HARRISON D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(1605) |SERIAL C0975 |
CSR LIMITED TRADING AS THE READYMIX GROUP NEWCASTLE TRANSPORT (STATE) AWARD 2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Employers First, industrial organisation of employers.
(No. IRC 300 of 2001)
|Before Commissioner Connor |22 February 2001 |
AWARD
1. Title of Award
This Award shall be known as the CSR Ltd Trading As The Readymix Group Newcastle Transport (State) Award 2000.
2. Arrangement
Clause No. Subject Matter
1. Title of Award
2. Arrangement
3. The Enterprise(s)
4. Parties to the Award
5. Relationship to Parent Awards
6. Term of Award
7. No Extra Claims
8. Review of Award
9. Cleanliness
10. Alcohol and Drugs
11. Daily Drivers Sheets
12. Utilisation & Quality
13. Allocation of Work
14. Sick Leave
15. Awareness Training
16. Disputes Procedure
17. The First and Second Awards
18. Income Protection Insurance - Pay Deduction
19. Remuneration Adjustments Stages
20. Anti-Discrimination
3. The Enterprise(s)
This Award shall apply at sites operated by CSR Ltd Trading as The Readymix Group Newcastle and Central Coast which are set out in Annexure A in respect of employees covered by the following awards:
(a) Transport Industry Quarried Materials (State) Award;
(b) Transport Industry Mixed Enterprises (State) Award.
4. Parties to the Award
This Award shall be binding on:
(a) CSR Limited trading as The Readymix Group Country NSW/Victoria (Newcastle and Central Coast) at sites set out in Annexure "A" to this Award (hereafter "the company").
(b) Transport Workers' Union of Australia, New South Wales Branch.
5. Relationship to Parent Awards
1. This Award shall be read and construed in conjunction with the following awards:
(a) Transport Industry Quarried Materials (State) Award; and
(b) Transport Industry Mixed Enterprises (State) Award.
2. Where there is inconsistency between the awards in 1 above and this award, this award shall prevail to the extent of the inconsistency.
6. Term of Award
This Award shall come into operation on and from the first full pay period to commence on or after 22 February 2001 and shall remain in force for a term of 2 years.
7. No Extra Claims
Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases that are not subject to absorption, there shall be no further claims for remuneration increases during the term of this award.
8. Review of Award
The parties agree to review this award no later than twelve weeks prior to the end of its term. In the context of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award, based on continuous improvement and other agreed measures.
9. Cleanliness
Truck and personal cleanliness are the responsibility of drivers. To this end all drivers shall maintain their vehicles in a clean and tidy state to a standard acceptable to the employer. Company issued uniforms must be worn as directed by the employer.
10. Alcohol and Drugs
All drivers will submit to a breath testing if the Employer has a reasonable suspicion that a driver is under the influence of alcohol and/or involved in an accident of any kind.
See Drug and Alcohol Policy attached as Annexure B.
11. Daily Drivers Sheets
Drivers shall continue to fill in daily drivers sheets as applicable.
12. Utilisation & Quality
Drivers shall co-operate with company initiatives to improve utilisation rates and reduce costs. To this end drivers shall be actively involved in maintaining a proactive tyre maintenance program. Drivers shall record and undertake all preventative maintenance as required.
As a part of ensuring continued quality control all slumps are to be delivered to site at the specified slump (within the drivers control) as indicated on the concrete delivery docket.
13. Allocation of Work
Drivers in consultation with the company shall allocate their own work if required. (Aggregate and Cement only).
14. Sick Leave
A Doctors certificate is to be produced if a sick day is taken on either side of a long weekend, RDO’s or annual leave.
In the event that CSR identifies individuals with an absenteeism problem, CSR may require the individuals concerned to produce a doctor's certificate as part of the counselling and disciplinary procedure. In any event no employee is to take more than two single days absences without satisfactory proof of illness.
15. Awareness Training
All employees covered by this award shall be provided with general awareness training on enterprise bargaining.
The content and providers of this training shall be mutually acceptable to the parties to this award.
Wherever practicable awareness training will be conducted in ordinary time hours.
The company shall pay for the awareness training and employees shall be paid in accordance with the relevant parent award while attending such training.
The duration and timing of the training sessions should be structured so as to minimise their effect on the continuous operation of the company’s activities and customer service.
16. Disputes Procedure
1. Procedures relating to grievances of individual employees:
(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) Grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee’s grievance, if the matter has not been resolved it shall be referred to the Industrial Relations Commission for resolution.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
2. Procedures relating to disputes etc, between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits (48 hours) must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) The employee may be represented by an industrial organisation of employees for the purpose of each procedure.
17. The First and Second Awards
The parties to this award agree that the output and improvements in productivity and efficiency made from the awards known as "CSR T/A The Readymix Group - Newcastle Transport Enterprise Bargaining Framework (State) Award 1996" (the first award) and "CSR Ltd T/A The Readymix Group Newcastle Transport (State) Award 1998" (the second award), shall be the starting point for further improvements outlined in this award.
Provisions of the first and second awards shall continue to operate as if they were provisions of this award unless specifically deleted or varied by this award.
18. Income Protection Insurance - Pay Deduction
The company will provide a deduction facility for employees who wish to take out personal "Employee Income Protection Insurance" through the Transport Workers Union (TWU) of Australia NSW Branch. Premiums deducted on behalf of each employee will be forwarded to the appropriate institution as advised by the TWU. Authorisation for the deduction will be required from each individual employee and the company will not be involved in the arrangement beyond the provision of the deduction facility as detailed above.
19. Remuneration Adjustment Stages
1. Remuneration is as detailed in Annexure C of this award.
2. This award shall be divided into two separate stages for remuneration increases:
Stage 1: Upon signature of this award a 4% increase shall be paid to employees the subject of this award.
Stage 2: 12 months after the payment of Stage 1 above, a further 3% shall be paid to the employees the subject of this award.
3. Salary Sacrifice of Superannuation Contributions
(a) Remuneration may be made up entirely of wages or, at the option of an employee (other than a casual employee) and subject to the employer’s agreement, wages and a superannuation contribution to the CSR Australian Superannuation Fund (CSR Super). Wages and Superannuation are the two components which will make up remuneration. The sum allocated to each component will be negotiated initially between the employer and the employee and thereafter renegotiated in accordance with this clause.
(b) Should the employer make a superannuation contribution in accordance with this clause, it shall not, to the extent of that contribution, be liable to pay wages to the employee under this award.
(c) The opportunity for an employee to initially negotiate the components of remuneration as per (a) above shall be in accordance with procedures determined by the employer and can only be changed in accordance with CSR procedures during the period specified. Thereafter, the opportunity to renegotiate with the employer the components of remuneration as per (a) above shall be available once a year at a time and in accordance with procedures determined by the employer, and can only be changed in accordance with CSR procedures during the period specified. In the event that changes in legislation, the Income Tax Assessment Act, tax office rulings or determinations remove or alter the company’s capacity to maintain the salary sacrificing arrangements pursuant to this agreement, the company will be entitled to withdraw from these arrangements by giving notice to each affected employee.
20. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."
Signatures
For CSR LIMITED trading as THE
READYMIX GROUP Country NSW/Victoria
For Transport Workers’ Union of Australia,
New South Wales Branch
Annexure "A"
This award shall apply at the following sites:
|Wyong Concrete Plant |Tighes Hill Concrete Plant |
|Lot 18 Pavitt Crescent |Industrial Drive |
|NORTH WYONG |TIGHES HILL |
|Teralba Concrete Plant |Salamander Bay Concrete Plant |
|Pitt Street |Muller Road |
|TERALBA |SALAMANDER BAY |
| | |
|Sandgate Laboratory |Raymond Terrace Concrete Plant |
|Mangrove Road |Pacific Highway |
|SANDGATE |HEATHERBRAE |
ANNEXURE "B"
Drug and Alcohol Policy
Working while under the influence of Alcohol or other drugs is an unacceptable safety risk, to you and to the people you work with. You must tell your supervisor if you are taking any medicine that might affect your ability to drive or operate machinery.
If you have an accident at work while you are under the influence of alcohol or drugs, you may not be able to claim for compensation. Any employee who arrives at work under the influence of alcohol or other drugs, or is found using such drugs, or offering them to other employees whilst on the job, will be liable for instant dismissal. If illegal drugs were to be involved then the company has an obligation to place the matter before the appropriate legal authorities.
An employee who believes they have a problem with excessive use of alcohol or other drugs should feel free to raise this in confidence with their supervisor or manager. The company will assist in finding appropriate counselling and other support, through our Employee Assistance Program, to try and help the employee to overcome the problem.
Brian Halcrow
GENERAL MANAGER
COUNTRY NSW/VICTORIA
ANNEXURE "C"
Remuneration Rates and Allowances
Monetary Rates Table
(i) Transport Industry Mixed Enterprises (State) Award Classifications
| |(4% Increase) Stage 1 NEW RATE |(3% Increase) Stage 2 |
|GRADE |(per week) |NEW RATE (per week) |
| |$ |$ |
|Grade 3 |553.76 |570.37 |
|Grade 4 |564.90 |581.84 |
|Grade 5 |591.76 |609.51 |
|Grade 6 |598.75 |616.71 |
|Grade 7 |601.69 |619.74 |
|ALLOWANCES |(4% Increase) Stage 1 NEW RATE |(3% Increase) Stage 2 NEW RATE (per |
| |(per week) |week) |
| |$ |$ |
|HIAB Crane Allowance |25.76 |26.53 |
|Leading Hand Allowance |27.63 |28.46 |
(ii) Transport Industry Quarried Materials (State) Award Classifications
|GRADE |BASIC |CERTIFICATE |ADVANCED |
| | | | | |CERTIFICATE |
| |(4% |(3% |(4% |(3% |(4% |(3% |
| |Increase) |Increase) |Increase) |Increase) |Increase) |Increase) |
| |Stage 1 |Stage 2 |Stage 1 |Stage 2 |Stage 1 |Stage 2 |
| |New Rate |New Rate |New Rate |New Rate |New Rate |New Rate |
| |(per week) |(per week) |(per week) |(per week) |(per week) |(per week) |
| |$ |$ |$ |$ |$ |$ |
|Grade 1 |540.44 |556.65 |- |- |- |- |
|Grade 2 Vehicle Class 1 |544.37 |560.70 |554.41 |571.05 |- |- |
|Grade 2 Vehicle Class 2 |549.61 |566.10 |559.66 |576.44 |- |- |
|Grade 2 Vehicle Class 3 |558.34 |575.10 |568.39 |585.44 |- |- |
|Grade 2 Vehicle Class 4 |586.96 |604.56 |597.01 |614.92 |607.05 |625.26 |
|Grade 2 Vehicle class 5 |593.61 |611.42 |603.66 |621.77 |613.49 |631.89 |
|Grade 3 |- |- |697.79 |718.72 |- |- |
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(1606) |SERIAL C0980 |
CSR LTD TRADING AS THE READYMIX GROUP TAREE TRANSPORT ENTERPRISE BARGAINING FRAMEWORK
(STATE) AWARD 2001
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Employers First, industrial organisation of employers.
(No. IRC 2064 of 2001)
|Before Commissioner Connor |24 May 2001 |
AWARD
1. Title of Award
This award shall be known as the CSR Ltd Trading As The Readymix Group Taree Transport Enterprise Bargaining Framework (State) Award 2001.
2. Arrangement
Clause No. Subject Matter
1. Title of Award
2. Arrangement Page
3. The Enterprise(s)
4. Parties to the Award
5. Relationship to Parent Awards
6. Term of Award
7. No Extra Claims
8. Review of Award
9. Aims and Objectives of the Award
10. Ongoing Recognition and Commitment to Continuous Improvement
11. Awareness Training
12. Disputes Procedure
13. Operation of the 38-Hour Week
14. Flexible Duties
15. Vehicle and Plant Maintenance
16. Miscellaneous Product Handling
17. Casual Minimum Start
18. Allowance
19. Completion of Driver Log Book
20. Commitment to Quality
21. Consideration of Annualised Salaries
22. The First, Second and Third Award
23. Wage Adjustment Stages
24. No Duress
25. Anti-Discrimination
Annexure "A" - CSR Limited, Construction Materials,
Taree Area
Annexure "B" - Stage 1 - Monetary Rates Table
Stage 2 - Monetary Rates Table
3. The Enterprise(s)
This award shall apply at sites operated by CSR Limited trading as CSR Construction Materials, CSR Readymix and The Readymix Group which are set out in Annexure "A" in respect of employees in the occupation of driving covered by the following awards:
(a) Transport Industry Quarried Materials (State) Award,
(b) Transport Industry Mixed Enterprises (State) Award.
4. Parties to the Award
This award shall be binding on:
(a) CSR Limited trading as CSR Construction Materials, CSR Readymix and The Readymix Group (hereafter "The Company") at the Country Division sites as set out in Annexure "A" to this award,
(b) The organisations of employees known as the Transport Workers' Union of Australia, New South Wales Branch.
5. Relationship to Parent Awards
This award shall be read and construed in conjunction with the following awards:
(a) Transport Industry Quarried Materials (State) Award,
(b) Transport Industry Mixed Enterprises (State) Award.
Where there is any inconsistency between the above awards and this award, this award shall prevail to the extent of the inconsistency.
6. Term of Award
This award shall take effect from the first full pay period to commence on or after 20 March 2001 and shall remain in force for a term of 24 months.
7. No Extra Claims
Except for general movements in award wages granted by the Industrial Relations Commission of New South Wales via State Wage Cases, that are not subject to absorption, there shall be no further claims for wage increases during the term of this award.
8. Review of Award
The parties agree to review this award no later than twelve weeks prior to the end of its term. In the context of this review, the parties shall examine both the operation of the award and the possibilities of entering into a further award.
9. Aims and Objectives of the Award
9.1 Aims
The parties to this award are committed to achieving improvements in productivity, efficiency and flexibility which in turn will significantly increase the company’s competitiveness and offer secure and worthwhile employment for employees.
The company business needs to improve and grow so that it becomes more competitive.
The company has developed a vision of the type of business it wants and the elements necessary to transfer that vision to a reality.
The critical elements are:
(a) A Customer Service Focus.
(b) Safe and Rewarding Work.
(c) Continuous Improvement.
(d) Employee Participation.
(e) A Total Quality Culture.
(f) International Competitiveness.
9.2 Objectives
(a) To create a positive environment to introduce enterprise bargaining into the company's operations.
(b) To provide guidance and increase awareness about the enterprise bargaining process.
(c) To improve the efficiency and productivity of the company by ensuring management and labour practices are more closely attuned to current and future needs and objectives of the company.
(d) To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in the market place.
(e) To provide a climate for employees to develop a broader range of skills thereby maximising rewards to employees and security of employment.
(f) To benchmark other organisations that are leaders in the field of increased efficiency and productivity and where appropriate utilise this information in implementing change.
10. Ongoing Recognition and Commitment to Continuous Improvement
The company maintains a Quality Management System and is committed to the principles of improving the processes we employ. To maximise the benefits associated with a Quality Management System, all employees shall be committed to co-operation and implementation of continuous improvement activities as a normal component of their job.
11. Awareness Training
All employees covered by this award shall be provided with general awareness training on enterprise bargaining as required.
The content and providers of this training shall be mutually acceptable to the parties to this award.
Wherever practicable awareness training will be conducted in ordinary time hours.
The company shall pay for the awareness training and employees shall be paid in accordance with the relevant parent award while attending such training.
The duration and timing of the training sessions should be structured so as to minimise their effect on the continuous operation of the company's activities and customer service.
12. Disputes Procedure
12.1 Procedures relating to grievances of individual employees:
(a) The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.
(b) A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time limits must be allowed for discussion at each level of authority.
(d) At the conclusion of the discussion, the employer must provide a response to the employee's grievance. If the matter has not been resolved, the employers’ response shall include reasons for not implementing any proposed remedy.
(e) While a procedure is being followed, normal work must continue.
(f) The employee may be represented by an industrial organisation of employees.
12.2 Procedures relating to disputes etc between employers and their employees:
(a) A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.
(b) Reasonable time limits must be allowed for discussion at each level of authority.
(c) While a procedure is being followed, normal work must continue.
(d) The employee may be represented by an industrial organisation of employees for the purpose of each procedure.
13. Operation of the 38-Hour Week
Rostered Days off are to be taken by mutual agreement between employees and the employer.
14. Flexible Duties
(a) Employees, the subject of this award, may be required to drive stockpiling/bin trucks, water carts, loaders and other plant trucks on a needs basis provided such work is within the skill, competency and training of the employees concerned.
(b) Where duties are being performed within subclause (a) of this clause that incur a higher rate of pay than the employees normal rate of pay, such employee shall be paid the higher rate in accordance with Clause 32 Mixed Functions of the Transport Industry - Mixed Enterprises Interim (State) Award.
(c) In order to achieve the desired levels of flexibility, it is recognised that the company will provide and the employees will participate in training of such skills and competencies necessary for the tasks to be performed.
15. Vehicle and Plant Maintenance
(a) It is a part of an employees duties to ensure that his/her vehicle is regularly maintained. Such maintenance shall include, but not be limited to daily pre-start checks, greasing, washing, cleaning and repair work. Drivers shall keep pre-start check details in full, in a "Daily Log Book" format and other maintenance details as required. Drivers shall assist with mechanical repairs as directed, provided such assistance is within their skills, competence and training.
(b) Employees shall assist in general plant maintenance and housekeeping as directed by the employer subject to the employee’s skill, competence and training.
16. Miscellaneous Product Handling
Employees shall handle the sale of miscellaneous yard products when required. This includes movement into and out of storage, maintaining stock movements and attending to customers.
17. Casual Minimum Start
Casual employees shall be given a minimum start of 4 hours on each occasion a casual employee is engaged.
18. Allowance
The following award allowances shall not apply to employees the subject of this Award:
meal allowance on overtime
collection of monies
19. Completion of Driver Log Book
Driver Log Books for the purpose of wages payment and recording driver breaks are to be completed daily where possible or at least within 24 hours of completion of a shift.
20. Commitment to Quality
Employees are to be committed to following the relevant Work Instructions issued in accordance with the area Quality Assurance system.
For concrete truck drivers, emphasis is placed on the requirement for drivers to note on delivery dockets the amount of water added on site at the request of the customer.
21. Consideration of Annualised Salaries
During the life of this award, the employer and employees should collect data on, and consider the introduction of, annualised salaries.
22. The First, Second and Third Award
The parties to this award agree that the first award known as, "CSR Ltd t/a The Readymix Group - Taree Transport Enterprise Bargaining Framework (State) Award 1996", the second award known as "CSR Ltd t/a The Readymix Group - Taree Transport Enterprise Bargaining Framework (State) Award 1997" and the third award known as "CSR Ltd t/a The Readymix Group - Taree Transport Enterprise Bargaining Framework (State) Award 1999", shall be a continuation from which further improvements are to be made consistent with this award. The parties shall ensure that the commitments and requirements arising from the previous awards are met unless specifically deleted or varied by this award.
23. Wage Adjustment Stages
This award shall be divided into two separate stages for wage increases. Details of these rates are contained in Annexure "B".
Stage 1 - On 19 March 2001, a four percent (4%) increase shall be paid to employees the subject of this award
Stage 2 - Twelve months after payment of Stage 1 above, a three percent (3%) shall be paid to employees the subject of this award.
24. No Duress
No party has entered into this award under duress.
25. Anti-Discrimination
(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.
(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this clause is to be taken to affect:
(a) any conduct or act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing junior rates of pay to persons under 21 years of age;
(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.
(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.
NOTES:
(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
“Nothing in this Act affects … any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”
Signatures
For CSR Ltd T/A The Readymix Group -
Country Division
For Transport Workers' Union of Australia
NSW Branch
ANNEXURE "A"
CSR Limited, Construction Materials, Taree Area
|Taree Concrete Plant |Bulahdelah Concrete Plant |
|Pitt Street |Red Gum Road |
|Chatham |Bulahdelah |
| | |
|Forster Concrete Plant |Jandra Quarry |
|Kularoo Drive |Pacific Highway |
|Forster |Possum Brush |
| | |
|Gloucester Concrete Plant |Tuncurry Sand Pit |
|Oak Street |Darawank |
|Gloucester | |
ANNEXURE "B"
Stage 1 - Monetary Rates Table
Classification in the Transport Industry Quarried Materials (State) Award
|Classification |Basic |New Rate Per Week |
| | |Certified |Advanced |
|Grade 2 Vehicle Class 1 |$523.11 |$532.69 | |
|Grade 2 Vehicle Class 2 |$528.16 |$537.88 | |
|Grade 2 Vehicle Class 3 |$536.56 |$546.26 | |
|Grade 2 Vehicle Class 4 |$564.03 |$573.74 |$583.44 |
|Grade 2 Vehicle Class 5 |$570.53 |$580.13 |$589.85 |
|Transport Worker Grade 3 | |$670.60 | |
|Aggregate Mass Allowance |Rate Per Week |
|(every 2 tonnes added) |$9.93 |
Classification in the Transport Industry Mixed Enterprises Interim (State) Award
|Classification |New Rate Per Week |
|Transport Worker Grade 1 |$486.02 |
|Transport Worker Grade 2 |$503.02 |
|Transport Worker Grade 3 |$514.82 |
|Transport Worker Grade 4 |$525.19 |
|Transport Worker Grade 5 |$551.44 |
|Transport Worker Grade 6 |$558.18 |
|Transport Worker Grade 7 |$578.26 |
|Transport Worker Grade 8 |$619.30 |
| |New Rate |
| |Per hour |Maximum per week |
|Slump Allowance - Stage 1 |$0.45 |$17.10 |
Stage 2 - Monetary Rates Table
Classification in the Transport Industry Quarried Materials (State) Award
|Classification |Basic |New Rate Per Week |
| | |Certified |Advanced |
|Vehicle Class 1 |$538.80 |$548.67 | |
|Vehicle Class 2 |$544.01 |$554.01 | |
|Vehicle Class 3 |$552.65 |$562.65 | |
|Vehicle Class 4 |$580.95 |$590.95 |$600.94 |
|Vehicle Class 5 |$587.65 |$597.54 |$607.54 |
|Transport Worker Grade 3 | |$690.72 | |
|Aggregate Mass Allowance |Rate Per Week |
|(every 2 tonnes added) |$10.23 |
Classification in the Transport Industry Mixed Enterprises Interim (State) Award
|Classification |New Rate Per Week |
|Transport Worker Grade 1 |$500.60 |
|Transport Worker Grade 2 |$518.11 |
|Transport Worker Grade 3 |$530.27 |
|Transport Worker Grade 4 |$540.95 |
|Transport Worker Grade 5 |$567.98 |
|Transport Worker Grade 6 |$574.92 |
|Transport Worker Grade 7 |$595.61 |
|Transport Worker Grade 8 |$637.88 |
| |New Rate |
| |Per hour |Maximum per week |
|Slump Allowance - Stage 1 |$0.46 |$17.61 |
P. J. CONNOR, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(155) |SERIAL B9589 |
CLERICAL AND ADMINISTRATIVE EMPLOYEES IN TEMPORARY EMPLOYMENT SERVICES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by the Federated Clerks' Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 381 of 2000)
|Before the Honourable Justice Glynn |27 April 2000 |
VARIATION
1. Delete paragraph (b) of subclause (ii) of clause 9, Classification Structure and Wages, of the award published 24 April 1998 (304 I.G. 654), as varied, and insert in lieu thereof the following:
(b) A Grade 2 position is described as follows:
(1) The employee may work under routine supervision with intermittent checking.
(2) An employee at this grade applies knowledge and skills to a range of tasks. The choice of actions required is usually clear, with limited complexity in the choice.
(3) Work will be performed within established routines, methods and procedures, which involve the exercise of some discretion and minor decision making.
Indicative tasks of a Grade 2 position are:
|Unit |Element |
| | |
|Information Handling |Update and modify existing organisational records |
| |Remove inactive files |
| |Copy data on to standard forms |
| | |
|Communication |Respond to incoming telephone calls |
| |Make telephone calls |
| |Draft simple correspondence |
|Enterprise |Provided information from own function area |
| |Re-direct inquiries and/or take appropriate follow-up action |
| |Greet visitors and attend to their needs |
|Technology |Operate equipment |
| |Identify and/or rectify minor faults in equipment |
| |Edit information by entering, changing or deleting |
| |information using the appropriate input devices such as keyboard, |
| |mouse, joystick etc |
| |Save files and exit programmes |
| |Produce document from written text using standard format |
| |Shutdown equipment |
|Organisational |Organise own work schedule |
| |Know roles and functions of other employees |
|Team |Participate in identifying tasks for team |
| |Complete own tasks |
| |Assist others to complete tasks |
|Business Financial |Reconcile invoices for payment to creditors |
| |Prepare statements for debtors |
| |Enter payment summaries into journals |
| |Post Journals to ledger |
2. This variation shall take effect from the first full pay period to commence on or after 27 April 2000.
L. C. GLYNN J.
____________________
Printed by the authority of the Industrial Registrar.
|(384) |SERIAL C1088 |
HOTEL EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 4552 of 2001)
|Before Mr Deputy President Sams |30 August and 17 September 2001 |
VARIATION
1. Delete subclause (c) of clause 6, Arbitrated Safety Net Adjustment of the award made 20 and 30 August and 11 December 2001, and insert in lieu thereof the following:
(c) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(i) Any equivalent overaward payments; and/or
(ii) Award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
|Classification |Wage Total |
| |$ |
|Bar Attendant |413.40 |
|Cashier in Bars |413.40 |
|First Cook |421.20 |
|Qualified Cook |413.40 |
|Cook Employed Alone |413.40 |
|Breakfast & Other Cook |413.40 |
|Head Waiter/ress and/or Host/ess |413.40 |
|Other Waiters/resses, drink and/or Food |413.40 |
|Cleaner in and about Bars |413.40 |
|Cellarperson |413.40 |
|Assistant Cellarperson |413.40 |
|Butcher |413.40 |
|Pantryman/maid or Kitchenman/maid |413.40 |
|Storeperson |413.40 |
|Night Porter |413.40 |
|Day Porter |413.40 |
|Billiards Room Attendant |413.40 |
|Commissionaire Messenger and/or Parking Attendant |413.40 |
|Useful and Cleaner |413.40 |
|Person not otherwise provided for |413.40 |
|Office Employees - |
|1st year of adult service in the clerical industry |413.40 |
|2nd year of adult service in the clerical industry |413.40 |
|3rd year of adult service in the clerical industry |413.40 |
|Cashier - elsewhere |413.40 |
|Housekeeper or Manager/ess |413.40 |
|Snack Bar Attendant |413.40 |
|Laundry employee |413.40 |
|Houseman/maid |413.40 |
|Houseman/maid who repairs linen or articles of any description |413.40 |
|Pantryman/maid or Kitchenman/maid |413.40 |
|Persons not otherwise provided for |413.40 |
Table 2 - Other Rates and Allowances
|Item |Clause |Description |Amount |
| | | |$ |
|1 |5 (a) |Whole of work between 7.00 pm and 7.00 am per hour |0.45 |
|2 |5 (a) |Whole of work between 7.00 pm and 7.00 am per hour | |
| | |- Minimum payment per day |3.72 |
|3 |5 (b) (i) |In Charge of more than four employees |7.85 per week |
|4 |5 (b) (ii) |In Charge of six to ten employees |10.40 per week |
|5 |5 (b) (iii) |In Charge of ten to twenty employees |12.00 per week |
|6 |5 (b) (iv) |In Charge of more than twenty employees |20.00 per week |
|7 |5 (c) (i) |Shorthand 80 wpm |3.80 per week |
|8 |5 (c) (ii) |Shorthand 100 wpm |7.90 per week |
|9 |5 (c) (iii) |Machine operator |3.70 per week |
|10 |5 (d) (i) |Home deliveries |0.33 per hour |
|11 |5 (d) (ii) |Home deliveries |0.33 per hour |
|12 |5 (d) (ii) |Home deliveries maximum |0.66 |
|13 |6A (a) (i) |Apprentice proficiency (first occasion) |1.35 per week |
|14 |6A (a) (ii) |Apprentice proficiency (second occasion) |2.15 per week |
|15 |6A (a) (iii) |Apprentice proficiency (third occasion) |2.80 per week |
|16 |7 (b) (1) |For all work between 7.00 pm and 7.00 am per hour |0.74 |
|17 |7 (b) (1) |For all work between 7.00 pm and 7.00 am per hour - |1.13 |
| | |Minimum payment per day | |
|18 |8 (a) |Board and residence adult employee |14.64 per week |
|19 |8 (a) |Shared room Board and residence adult employee |14.04 per week |
|20 |8 (b) |Lodgings only adult employee |9.08 per week |
|21 |8 (b) |Shared room lodgings only adult employee |9.02 per week |
|22 |8 (c) |Meal supplied during employee’s spread of hours |1.03 per meal |
|23 |10 (a) (1) |Apprentices - Part of work between 7.00 pm and 7.00 |0.28 |
| | |am per hour | |
|24 |10 (a) (1) |Apprentices - Part of work between 7.00 pm and 7.00 |0.55 |
| | |am per hour - Minimum payment per day | |
|25 |10 (a) (2) |Apprentices - Whole of work between 7.00 pm and |0.31 |
| | |7.00 am per hour | |
|26 |10 (a) (2) |Apprentices - Whole of work between 7.00 pm and |2.50 |
| | |7.00 am per hour - Minimum payment per day | |
|27 |25 (b) |Laundry special clothing - cooks |2.70 per week |
|28 |25 (b) |Laundry special clothing - other than cooks |1.60 per week |
|29 |26 (ii) |Apprentice - Tool allowance |0.50 per week |
3. This variation shall take effect from the beginning of the first full pay period to commence on or after 30 August 2001.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(140) |SERIAL C1137 |
CLUB EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, industrial organisation of employees.
(No. IRC 365 of 2002)
|Before Mr Deputy President Sams |12 and 22 February 2002 |
VARIATION
1. Delete subclause 24.1.1 of clause 24, CPI Increases, of the award published 20 October 2000 (319 I.G. 589), as varied, and insert in lieu thereof the following:
24.1.1 Upon application by the Union and upon publication by the Australian Bureau of Statistics of the Consumer Price Index (8 Capital) for the six months ended June and December in each year, the allowances prescribed by clause 20, 22 and 23 of this Part together within subclauses 9.15, 9.17 and 14.1 of Part B, shall be increased by the percentage increase in the index over the previous six months.
2. Delete Table 2 - Other Rates and Allowances of Part B, Monetary Rates and insert in lieu thereof the following:
Table 2 - Other Rates and Allowances
(iii) From the first full pay period on or after 12 February 2002:
|Item No. |Part No. |Clause No. |Brief Description |Amount |
| | | | |$ |
|1 |B |9.5.2, 9.11.2, 9.17.2 |Shift Penalty |1.8178 per hour |
|2 |B |9.5.2, 9.11.2, 9.17.2 |Minimum payment |6.20 per day |
|3 |B |9.5.3, 9.11.3 |Broken Shift penalty |9.01 per day |
|4 |B |9.5.4, 9.11.4 |Night Shift penalty |11.98 per day |
| | | |Apprentices prof. Allowance | |
|5 |B |12.1.5 (a) |1st Occasion |2.64 per week |
|6 |B |12.1.5 (b) |2nd Occasion |4.39 per week |
|7 |B |12.1.5 (c) |3rd Occasion |6.13 per week |
|8 |C |21.1.1 (i) |First-aid Allowance |16.39 per week |
|9 |B |9.15.4, 14.1.5, 14.1.6 |Meal Allowance |8.74 per |
| | | | |occasion |
|10 |C |22.1.1 (i) |Clothing - Permanent employees |15.36 per week |
|11 |C |22.1.1 (ii) |- Apprentices |6.45 per week |
|12 |C |22.1.1 (iii) |- Casuals |2.27 per day |
| | | |Shoe Allowance Only: | |
|13 |C |22.1.4 |Clothing - Permanent employees |3.54 per week |
|14 |C |22.1.4 |- Apprentices |1.72 per week |
|15 |C |22.1.4 |- Casuals |0.53 per day |
| | | |Laundry Allowance: | |
|16 |C |22.1.9 (i) |Permanent Employees |7.72 per week |
|17 |C |22.1.9 (ii) |Apprentices |3.48 per week |
|18 |C |22.1.9 (iii) |Cummerbund |0.98 per week |
|19 |C |22.1.9 (iv) |Casuals |2.27 per day |
|20 |C |22.1.9 (v) |Cooks |10.97 per week |
|21 |C |22.1.9 (vi) |Apprentice Cooks |4.63 per week |
|22 |C |22.1.9 (vii) |Casual Cooks |2.94 per day |
|23 |C |20.1.1 (i) |Meal provided - deduct |8.74 per week |
|24 |C |20.1.1 (ii) |Board & Lodgings - deduct |83.45 per week |
|25 |C |20.1.1 (iii) |Lodgings only - deduct |39.84 per week |
|26 |C |23.1.1 |Tool Allowance |8.87 per week |
|27 |C |23.1.2 |Apprentice Tool Allowance |5.37 per week |
3. This variation shall take effect from the beginning of the first full pay period to commence on or after 12 February 2002, and remain in force for a period of 12 months thereafter.
P. J. SAMS D.P.
____________________
Printed by the authority of the Industrial Registrar.
|(293) |SERIAL C1134 |
ELECTRICIANS, &c. (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Electrical Trades Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 751 of 2002)
|Before Commissioner Tabbaa |1 March 2002 |
VARIATION
1. Delete Table 4 - Expense Related Allowances, of the award published 29 June 2001 (325 I.G. 808) as varied and insert in lieu thereof the following:
Table 4 - Expense Related Allowances
|Item No. |Clause No. |Brief Description |Amount |
| | | |$ |
|1 |6.3.3 |Motor Vehicle Allowance |0.62/km |
|2 |6.4.3.1 & |Daily Average Excess Fares Construction Work &c. |9.79 per day |
| |6.4.3.2.1 |Allowances | |
|3 |6.4.3.2.2.3 |Weekly Average Excess Fares Rate |48.93 |
|4 |19.8 & |Meal Allowance |8.55 |
| |20.4.2.1 | | |
|5 |10.1 |Living Away From Home Allowance |325.77 per week |
| | | |46.62 per day |
|6 |10.4.3.1 |Camping Allowance |12.82 per day |
2. This variation shall take effect from the first full pay period to commence on or after 1 March 2002.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(180) |SERIAL C1133 |
ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by Electrical Trades Union of Australia, New South Wales Branch, industrial organisation of employees.
(No. IRC 750 of 2002)
|Before Commissioner Tabbaa |1 March 2002 |
VARIATION
1. Delete Table 4 - Expense Related Allowances, of Part B, Monetary Rates, of the award published 15 September 2000 (318 I.G. 645) as varied, and insert in lieu thereof the following:
Table 4 - Expense Related Allowances
|Item |Clause |Brief Description |Amount |
|No. |No. | |$ |
|1 |4.3.3 |Motor Vehicle allowance |0.62/km |
|2 |4.4.3.1 |Daily average excess fares, construction work, etc, allowance |9.79 per day |
|3 |4.4.3.2.2.2 |Weekly average excess fares, construction work, etc., |48.93 |
| | |Allowance | |
|4 |7.1.1 |Living Away From Home Allowance |457.06 per week |
|5 |7.3.3.1 |Camping Allowance |12.82 per day |
|6 |19.8.1 |Meal allowance |8.55 |
| |20.4.2.1 | | |
2. This variation shall take effect from the first full pay period to commence on or after 1 March 2002.
I. TABBAA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
|(476) |SERIAL C1045 |
Milk Treatment, &c., and Distribution (State) Award
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers' Union of Australia, New South Wales, industrial organisation of employees.
(No. IRC 5139 of 2001)
|Before the Honourable Justice Walton, Vice President |2 October 2001 |
VARIATION
1. Delete clause 2, State Wage Case Adjustments, of the award published 30 November 2001 (329 I.G. 1084) and insert in lieu thereof the following:
2. State Wage Case Adjustments
(i) The rates of pay in this award include the adjustments payable under the State Wage Case 2001. These adjustments may be offset against:
(a) any equivalent overaward payments; and/or
(b) award wage increases since 29 May, 1991 other than safety net, State Wage Case, and minimum rates adjustments.
2. Delete Part B, Monetary Rates, and insert in lieu thereof the following:
PART B
MONETARY RATES
Table 1 - Wages
|Classification |Former Rate |SWC |Total Rate |
| |Per Week |2001 |Per Week |
| |$ |$ |$ |
|Division A: Production Section | |
|Production Assistant |438.90 |13.00 |451.90 |
|Plant Operator Grade 1 |448.40 |13.00 |461.40 |
|Plant Operator Grade 2 |461.50 |13.00 |474.50 |
|Plant Operator Grade 3 |480.70 |13.00 |493.70 |
|Division B: Transport Section | |
|Milk carter on rounds |477.20 |13.00 |490.20 |
|Relief milk carter |479.70 |13.00 |492.70 |
|Relief motor wagon driver |486.90 |13.00 |499.90 |
|Fork lift driver |477.10 |13.00 |490.10 |
|Tanker driver - 15,911 litres | | | |
|capacity or more |505.40 |15.00 |520.40 |
|Tanker driver grader: | |
|Under 15,911 litres capacity |493.40 |15.00 |508.40 |
|From 15,911 litres capacity |508.30 |15.00 |523.30 |
|Drivers of motor wagons having a | | | |
|manufacturer's gross vehicle mass in tonnes: | | | |
|Up to 13,948 |486.60 |13.00 |499.60 |
|Over 13,948 and up to 15,468 |488.40 |13.00 |501.40 |
|Over 15,468 and up to 16,919 |489.50 |13.00 |502.50 |
|Over 16,919 and up to 18,371 |490.50 |15.00 |505.50 |
|Over 18,371 and up to 19,731 |492.00 |15.00 |507.00 |
|Over 19,731 and up to 21,092 |492.90 |15.00 |507.90 |
|Over 21,092 and up to 22,453 |494.90 |15.00 |509.90 |
|The minimum rate of wages for | | | |
|Milk carters' assistants and boys | | | |
|on carts: | | | |
|Under 18 years of age |254.95 |7.65 |262.60 |
|At 18 and under 19 years of age |312.80 |9.40 |322.20 |
|At 19 and under 20 years of age |346.60 |10.40 |357.00 |
|At 20 and under 21 years of age |364.90 |10.95 |375.85 |
|The minimum rates of wages for | | | |
|an employee washing and filling | | | |
|bottles and all work in connection | | | |
|therewith and a junior laboratory | | | |
|employee: | | | |
|Under 18 years of age |264.55 |7.95 |272.50 |
|At 18 and under 19 years of age |304.75 |9.15 |313.90 |
|At 19 and under 20 years of age |349.85 |10.50 |360.35 |
|At 20 and under 21 years of age |391.70 |11.75 |403.45 |
Table 2 - Other Rates and Allowances
|Item No. |Clause No. |Brief Description |New Amount |
| | | |Per Week |
| | | |$ |
|1 |6(i) |For drivers where the semi-trailer has: | |
| | |a single axe |28.40 |
| | |two axles |34.95 |
| | |more than two axles |40.75 |
|2 |6(iv) |Leading Hands: | |
| | |in charge of more than 2 but not more than 10 |17.40 |
| | |Employees | |
| | |in charge of more than 10 employees |22.15 |
|3 |6(v) |Charge Hands |4.80 per day |
|4 |6(vii) |First-aid allowance |11.05 |
|5 |6(viii) |Forklift drivers engaged in the loading and/or |6.00 per week |
| | |unloading of trailers | |
|6 |6(ix) |Any employee in a Production Section classification |2.40 per day |
| | |required to move vendors’ vehicles | |
|7 |6(x) |Any employee in a Production Section classification |14.70 |
| | |who possesses a TAFE Advanced Certificate or | |
| | |Associate Diploma | |
|8 |6(xi) |Employees of Australian Co-operative Foods Limited |0.41 per hour |
| | |working in Cargon Vendor Distribution Depots in cold | |
| | |temperatures between -1 degree C and 7 degrees C | |
|9 |6(xii) |Employees of Australian Co-operative Foods Limited |0.41 per hour |
| | |working their entire shift within a fully enclosed | |
| | |refrigerated warehouse or depot where temperatures | |
| | |are below 5 degrees C | |
|10 |8(i) |Shift Allowance: | |
| | |(a) morning shift |7.80 |
| | |(b) afternoon shift |10.20 |
| | |(c) night shift |12.90 |
| | |(d) permanent afternoon shift or permanent night shift |2.75 extra |
|11 |11(ii)(b) |Overtime - Meal Allowance |7.65 |
|12 |18(iii) |Laundry Allowance |4.90 |
"Note": The amounts shown for work related allowances are inclusive of adjustments in accordance with the May 2001 State Wage Case Decision of the Industrial Relations Commission of New South Wales.
3. This variation shall take effect from the beginning of the first pay period to commence on or after 24 September 2001.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(1561) |SERIAL C1019 |
BHP STEEL (AIS) PTY LTD - PORT KEMBLA STEELWORKS EMPLOYEES AWARD 2000
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by BHP Steel (AIS) Pty Ltd.
(No. IRC 2403 of 2000)
|Before the Honourable Justice Walton, Vice-President |29 May 2001 |
VARIATION
1. Delete clause 11, Retention of Rate, of the award published 23 March 2001 (323 I.G. 245) and insert in lieu thereof the following:
11. Retention of Rate
11.1 Retention of Total Rate - Appointments on or after 29 May 2001
11.1.1 Organisational Change - An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, is subject to the following arrangements:
(a) Two or more years service - An employee with two or more years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:
(i) In the first and second years after the date of appointment, all changes in the total rate of pay applicable to the previous classification.
(ii) In the third year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.
(iii) No further adjustments are applicable in subsequent years.
(b) Less than two years service - An employee with less than two years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:
(i) In the first year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.
(ii) No further adjustments are applicable in subsequent years
(c) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under (a) or (b) above, the employee will subsequently receive the total rate of pay of the new classification.
11.1.2 Market Change - An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the market changes affecting the Company's operations is subject to the following arrangements:
(a) An employee with two or more years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:
(i) In the first year after the date of appointment, all changes in the total rate of pay applicable to the previous classification.
(ii) In the second year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.
(iii) No further adjustments are applicable in subsequent years
(b) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under (a) above, the employee will subsequently receive the total rate of pay of the new classification.
11.1.3 Definition of Total Rate of Pay - The "total rate of pay" is calculated by adding the award rate of pay applicable under this award, and the appropriate over-award or bonus payment. The total rate of pay excludes all allowances and penalty rates.
An exception to this is the leading hand allowance. Inclusion of the leading hand allowance into the total rate of pay only applies if an employee has been receiving the allowance for greater than 6 months, but ceases to be entitled to that allowance for reasons outlined in 11.1.1 and 11.1.2 above.
11.2 Retention of Rate – Appointments Prior to 29 May 2001
11.2.1 Where, as a result of the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"):
(a) If the employee has two or more years' continuous service with the Company, he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:
(i) in the first and second years after the date of an employee's appointment, all changes in the award rate of pay or bonus applicable to the previous classification;
(ii) in the third year after the date of appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification;
(iii) thereafter, no further adjustments.
Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.
(b) If the employee has less than two years' continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:
(i) in the first year after the date of appointment half of all changes in the award rate of pay or bonus applicable to the previous classification;
(ii) thereafter, no further adjustments.
Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.
11.2.2 Where, as a result of a market change affecting the Company's operations an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"), if the employee has two or more years' continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:
(a) In the first year after the date of his appointment, all changes in the award rate of pay or bonus applicable to the previous classification.
(b) In the second year after the date of his or her appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification.
(c) Thereafter, no further adjustments.
Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.
11.2.3 Where an employee, as a result of the circumstances specified in paragraphs 11.2.1 and 11.2.2 hereof, ceases to be entitled to a leading hand allowance, he or she shall (provided he or she had been receiving such leading hand allowance throughout the six months immediately proceeding such cessation of his or her entitlement thereto), retain the leading hand allowance to which he or she was entitled immediately proceeding such cessation of his or her entitlement subject to the same qualifications and adjustments as are specified in paragraphs 11.2.1 or 11.2.2 hereof in relation to the award rate of pay and bonus in the circumstances which result in the employee ceasing to be entitled to such leading hand allowance.
11.3 Agreement to Buy-out
There is scope for the Company and an employee and his or her union to agree to a one-off payment to buy-out entitlements under sub-clauses 11.1 or 11.2.
11.4 Definition of Award Rate of Pay
In this clause 11 "award rate of pay" means the applicable:
rate of pay per 38-hour week set out in Table 1 – Restructured Ironworker Rates of Pay, Table 2 - Graded Trades Rates of Pay (excluding tool allowance), Table 5 -Unanderra Coil Processing or Table 6 - Port Kembla Road Transport Facility of Part C - Monetary Rates - Restructured Classifications, of this award; or
base rate or base salary set out in Table 4 - Annualised Salary Rates of Pay of Part C - Monetary Rates -Restructured Classifications, of this award; or
rate of pay per 38-hour week set out in Part D - Appendix - Unrestructured Classifications, of this award.
The award rate of pay excludes all allowances and penalty rates.
2. This variation shall take effect on and from 29 May 2001 and shall remain in force for a period of six months.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(401) |SERIAL C1020 |
JOHN LYSAGHT (AUSTRALIA) LIMITED - PORT KEMBLA GENERAL AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by BHP Steel (JLA) Pty Ltd.
(No. IRC 5284 of 2000)
|Before The Honourable Justice Walton, Vice-President |29 May 2001 |
VARIATION
1. Delete clause 27B, Retention of Rate, of the award published 12 June 1985 (237 I.G. 1189), as varied, and insert in lieu thereof the following:
27B. Retention of Rate
(i) Retention of Total Rate – Appointments on or after 29 May 2001:
(a) Organisational Change - An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the rationalisation of the Company's operations, the introduction of technological change, or changes in work practices, is subject to the following arrangements:
(1) Two or more years service - An employee with two or more years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:
(A) In the first and second years after the date of appointment, all changes in the total rate of pay applicable to the previous classification.
(B) In the third year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.
(C) No further adjustments are applicable in subsequent years.
(2) Less than two years service - An employee with less than two years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:
(A) In the first year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.
(B) No further adjustments are applicable in subsequent years.
(3) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under 27B(i)(a)(1) or 27B(i)(a)(2), the employee will subsequently receive the total rate of pay of the new classification.
(b) Market Change - An employee who is appointed on or after 29 May 2001 to a classification which receives a lower total rate of pay than the classification held immediately prior to the appointment, due to the market changes affecting the Company's operations is subject to the following arrangements:
(1) An employee with two or more years' continuous service with the Company, will retain the total rate of pay applicable to the previous classification. The following adjustments apply:
(A) In the first year after the date of appointment, all changes in the total rate of pay applicable to the previous classification.
(B) In the second year after the date of appointment, half of any changes in the total rate of pay applicable to the previous classification.
(C) No further adjustments are applicable in subsequent years.
(2) When the total rate of pay of the employee's new classification exceeds the total rate of pay of the previous classification as adjusted under 27B(i)(b)(1), the employee will subsequently receive the total rate of pay of the new classification.
(c) Definition of Total Rate of Pay - The "total rate of pay" is calculated by adding the award rate of pay applicable under this award, and the appropriate over-award or bonus payment. The total rate of pay excludes all allowances and penalty rates.
An exception to this is the leading hand allowance. Inclusion of the leading hand allowance into the total rate of pay only applies if an employee has been receiving the allowance for greater than 6 months, but ceases to be entitled to that allowance for reasons outlined in 27B(i)(a) and 27B(i)(b) above.
(ii) Retention of Rate - Appointments prior to 29 May 2001:
(a) Where, as a result of the rationalisation of the Company's operations, the introduction of technological change or changes in work practices an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"):
(1) if the employee has two or more years continuous service with the Company, he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:
(A) in the first and second years after the date of his or her appointment, all changes in the award rate of pay or bonus applicable to the previous classification;
(B) in the third year after the date of appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification;
(C) thereafter, no further adjustments.
Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.
(2) if the employee has less than two years continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:
(A) in the first year after the date of appointment half of all changes in the award rate of pay or bonus applicable to the previous classification;
(B) thereafter no further adjustments.
Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both) as the case may be, according to his or her new classification.
(b) Where, as a result of a market change affecting the Company's operations, an employee is appointed prior to 29 May 2001 to a classification or classifications which receive lower earnings from the award rate of pay or bonus (or both) than did his or her classification immediately prior to the appointment or the first appointment ("the previous classification"), if the employee has two or more years' continuous service with the Company he or she shall retain the award rate of pay or bonus (or both) applicable to the previous classification subject to the following adjustments:
(1) in the first year after the date of his or her appointment, all changes in the award rate of pay or bonus applicable to the previous classification;
(2) in the second year after the date of his or her appointment, half of any changes in the award rate of pay or bonus applicable to the previous classification;
(3) thereafter, no further adjustments.
Provided that when the award rate of pay or bonus of the employee's new classification exceeds the award rate of pay or bonus he or she then receives, he or she shall thereafter receive payment of the award rate of pay or bonus (or both), as the case may be, according to his or her new classification.
(c) Where an employee, as a result of the circumstances specified in 27B(ii)(a) or 27B(ii)(b) hereof, ceases to be entitled to a leading hand allowance he or she shall (provided he or she had been receiving such leading hand allowance throughout the six months immediately preceding such cessation of his or her entitlement thereto), retain the leading hand allowance to which he or she was entitled immediately preceding such cessation of his or her entitlement subject to the same qualifications and adjustments as are specified in 27B(ii)(a) or 27B(ii)(b) hereof in relation to the award rate of pay and bonus in the circumstances which result in the employee ceasing to be entitled to such leading hand allowance.
(iii) Agreement to Buy-out:
There is scope for the Company and an employee and his or her union to agree to a one-off payment to buy-out entitlements under sub-clauses (i) or (ii).
(iv) Definition of Award Rate of Pay:
In this clause 27B "award rate of pay" means the sum of the applicable margin and the basic wage of $121.40. The award rate of pay excludes all allowances and penalty rates.
2. This variation shall take effect on and from 29 May 2001.
M. J. WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.
|(770) |SERIAL C1163 |
HEALTH PROFESSIONAL AND MEDICAL SALARIES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
Application by The Health and Research Employees' Association of New South Wales, industrial organisation of employees.
(No. IRC 3376 of 1998)
|Before The Honourable Justice Wright, President |29 November 2001 |
|The Honourable Mr Justice Hungerford | |
|Mr Deputy President Sams | |
|Commissioner McKenna | |
VARIATION
1. Delete from Table 1 - Monetary Rates, of Part B, of the award published 3 December 1999 (312 I.G. 516) as varied, the following references to the classification of "Psychologists":
|Psychologist |Rate at 1.1.2002 |
| |3% |
| |$ |
|1st year of service |35,065 |
|2nd year of service |36,751 |
|3rd year of service |39,030 |
|4th year of service |41,226 |
|5th year of service |43,658 |
|6th year of service |45,919 |
|7th year of service |47,839 |
|8th year of service |49,754 |
|9th year of service |1,913 |
| | |
|Allowances | |
|Provided that a Psychologist who: | |
|(a) has completed 12 months service at the salary prescribed at the maximum of the scale; and |
| |
|(b) has demonstrated to the satisfaction of the Corporation by the work performed and the results |
|achieved, the aptitude abilities of mind warranting such payment, shall paid an allowance qualification |
|and, after 12 months service in receipt of such allowance, shall be paid a further allowance qualification |
| | |
|Psychologist -after 12 months on maximum scale (p/week) |50.20 |
|Psychologist - further progression (p/week) |50.20 |
| | |
|Clinical psychologist | |
|1st year of service |49,754 |
|2nd year of service |52,885 |
|3rd year of service |55,791 |
|4th year of service |58,949 |
|5th year of service |61,873 |
| | |
|Senior clinical psychologist |64,314 |
| | |
|Part-time psychologists | |
|(Current employees only) (p/hour) |26.36 |
|Part-time Clinical Psychologist (p/hour) |33.77 |
|Part-time Senior Clinical Psychologist (p/hr) |38.92 |
| | |
|Transferred Psychologists | |
|9th year of service |51,913 |
| | |
|Psychologist-after 12 months on maximum scale (p/week) |50.20 |
|Psychologist - further progression (p/week) |50.20 |
| | |
|Clinical psychologist | |
|5th year of service |61,873 |
|Senior clinical psychologist |64,314 |
|Principal clinical psychologist |74,413 |
| | |
|Psychologist - united dental hospital | |
|Part-time clinical psychologist (p/hour) |33.77 |
2. This variation shall take effect from the beginning of the first pay period to commence on or after 1 December 2001.
F. L. WRIGHT J, President.
B. C. HUNGERFORD J.
P. J. SAMS D.P.
D. S. McKENNA, Commissioner.
____________________
Printed by the authority of the Industrial Registrar.
| |SERIAL C1161 |
ERRATUM TO CONTENTS PAGE FOR THE INDUSTRIAL GAZETTE PUBLISHED 12 APRIL 2002
(Vol. 332 Part 4)
erratum
1. For the contents page appearing at the beginning of the Industrial Gazette published 12 April 2002 substitute the following:
CONTENTS
Vol. 332, Part 4 12 April 2002
Pages 769 - 1018
|Page |
Awards and Determinations -
Awards Made or Varied -
|Colleambally Irrigation Consent Award 1999 |(RIRC) |943 |
|Dairying Industry Employees (State) |(VSW) |1008 |
|Delta Electricity Employees Award 2001 |(AIRC) |771 |
|Food Preservers (State) |(VIRC) |995 |
|Marine Charter Vessels (State) |(RIRC) |875 |
| |(VSW) |1002 |
|Motor Ferries (State) |(VSW) |1004 |
|Murray Irrigation Limited Consent Consolidated Award 1996 |(RIRC) |849 |
|Murrumbidgee Irrigation Consent Award 1998 |(RIRC) |971 |
|Newcastle City Council (Best Practice Partnership) Award 1998 |(RIRC) |913 |
|NSW Port Corporations Award 2001 |(RIRC) |890 |
|Pest Control Industry (State) |(VSW) |998 |
|Port Waratah Coal Services (Traineeship) (State) |(RIRC) |885 |
|Professional Engineers and Professional Scientists (Private Industry) (State) |(VSW) |996 |
|Riverina Water County Council Enterprise Award 2001 |(AIRC) |817 |
|Rural Traineeships (State) Consolidated Award 1999 |(VSW) |1005 |
|Teachers (Independent Schools Early Childhood Service Centres Other Than Pre-Schools) (State) |(ERR) |1009 |
|Enterprise Agreements Approved by the Industrial Relations Commission | |1010 |
Practice Direction -
|Practice Direction No 8 | |769 |
T. E. McGRATH, Industrial Registrar.
____________________
Printed by the authority of the Industrial Registrar.
|SERIAL C1164 |
ENTERPRISE AGREEMENTS APPROVED
BY THE INDUSTRIAL RELATIONS COMMISSION
(Published pursuant to s.45(2) of the Industrial Relations Act 1996)
|EA02/146 — Inghams Enterprises (Tahmoor) and the Australian Liquor Hospitality and Miscellaneous Workers Union, Miscellaneous |
|Workers Division Enterprise Agreement 2001 |
|Made Between: Inghams Enterprises Pty Ltd -&- the Australian Liquor, Hospitality and Miscellaneous. |
|Workers Union, New South Wales Branch |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 19 April 2002. |
| |
|Description of Employees: Applies to Inghams Enterprises Pty Ltd (Tahmoor) processing plant located at. |
|Rockford Road, Tahmoor, New South Wales, only in respect to its employees covered by the Security Industry |
|(State) Award |
| |
|Nominal Term: 5 November 2003. |
|EA02/147 — Wrigley Company Pty Limited (Engineering Stream) Enterprise Agreement 2001 |
|Made Between: The Wrigley Company Pty Ltd -&- the Automotive, Food, Metals, Engineering, Printing |
|and Kindred Industries Union, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA99/9. |
| |
|Approval and Commencement Date: Approved 2 April 2002 and commenced 1 April 2002. |
| |
|Description of Employees: Applies to employees engaged in all engineering activities conducted by the |
|company operating from the Asquith premises. |
| |
|Nominal Term: 31 March 2004. |
|EA02/148 — Tyco Healthcare Pty Ltd Hurstville Operation Site Agreement 2002 |
|Made Between: Tyco Healthcare Pty Ltd -&- the Shop, Distributive and Allied Employees' Association, |
|New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 2 April 2002 and commenced 6 March 2002. |
| |
|Description of Employees: Applies to employees engaged in manufacturing operations at 59-69 Halstead St, |
|Hurstville, NSW. |
| |
|Nominal Term: 28 February 2003. |
|EA02/149 — Pioneer Bass Point Quarry EBA 2001 |
|Made Between: Pioneer Construction Materials Pty Ltd -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: New. Replaces EA98/270. |
| |
|Approval and Commencement Date: Approved 4 April 2002 and commenced 1 January 2001. |
| |
|Description of Employees: Applies to all employees of the company employed at the Bass Point Quarry site. |
| |
|Nominal Term: 31 December 2003. |
|EA02/150 — LHMU & Mainline Plastics Enterprise Agreement 2002 |
|Made Between: Mainline Plastics - a division of Iplex Pipelines Australia P/L -&- the Australian Liquor, |
|Hospitality and Miscellaneous Workers Union, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA01/98. |
| |
|Approval and Commencement Date: Approved 9 April 2002 and commenced 1 March 2002. |
| |
|Description of Employees: Applies to all employees engaged in manufacturing at the Chipping Norton site. |
| |
|Nominal Term: 1 March 2004. |
|EA02/151 — Australian Health Management Group (Dental and Eyecare Centres) Enterprise |
|Agreement |
|Made Between: Australian Health Management Group Ltd -&- Jenny Abreu, Brooke Adam, Jean Adam, |
|Michael Ahern, Elizabeth Czettler, Estelle Ford, Louise Ford, Anne Green, Gabrielle Merrigan and Steven |
|Stratis. |
| |
|New/Variation: New. Replaces EA00/158. |
| |
|Approval and Commencement Date: Approved and commenced 21 March 2002. |
| |
|Description of Employees: It applies to Government Employees Health Fund and its employees directly |
|managed from the fund's Haymarket, Parramatta and Wagga Wagga offices. |
| |
|Nominal Term: 21 March 2005. |
|EA02/152 — Process Engineering Technologies Pty Ltd Sydney Water (Contract 15020) Enterprise |
|Agreement 2001 |
|Made Between: Process Engineering Technologies Pty Ltd -&- the Automotive, Food, Metals, Engineering, |
|Printing and Kindred Industries Union, New South Wales Branch and Electrical Trades Union of Australia, |
|New South Wales Branch. |
| |
|New/Variation: New. Replaces EA00/279. |
|Approval and Commencement Date: Approved 9 April 2002 and commenced 1 September 2001. |
| |
|Description of Employees: Applies to all employees engaged in the provisions of mechanical and electrical |
|maintenance services for the contract on site. |
| |
|Nominal Term: 31 August 2003. |
|EA02/153 — Amorena (Crew) Enterprise Bargaining Agreement 2001-2004 |
|Made Between: Trident Shipping Services Pty Ltd -&- The Seamens' Union of Australia, New South Wales |
|Branch. |
| |
|New/Variation: New. Replaces EA00/58. |
| |
|Approval and Commencement Date: Approved 26 March 2002 and commenced 19 July 2001. |
| |
|Description of Employees: Applies to the crew of the bunker barge "Amorena". |
| |
|Nominal Term: 19 July 2004. |
|EA02/154 — AAT Kings Botany Drivers Enterprise Agreement 2001 |
|Made Between: AAT Kings Tours Pty Ltd -&- Mario Alfonso, Thomas Bartusz, Andrew Bowen, Troy |
|Campbell, Jeffrey Colligan, Danny Feneck, Shane Feneck, Thomas Hancock, Martin Hasenoehrl, Anthony |
|Horan, Gary King, Angelo Losapio, Christopher Mahony, Daryl Mitchell, David Montague, Neville |
|Nicholson, Aaron Reed, Peter Roberts, Mark Schultz, Jeffrey Tofts and Robert Waddington. |
| |
|New/Variation: New. Replaces EA00/49. |
| |
|Approval and Commencement Date: Approved 10 April 2002 and commenced 8 March 2002. |
| |
|Description of Employees: It applies to all employees employed by AAT Kings Tours Pty Ltd who are |
|engaged as Drivers under the Transport Industry Tourist and Service Coach Drivers (State) Award 1996 at |
|21-23 Daphne Street, Botany, New South Wales. |
| |
|Nominal Term: 8 March 2004. |
|EA02/155 — CPI Group Ltd Wetherill Park Agreement |
|Made Between: CPI Group Limited -&- the Transport Workers' Union of Australia, New South Wales |
|Branch. |
| |
|New/Variation: New. Replaces EA01/29. |
| |
|Approval and Commencement Date: Approved and commenced 14 December 2001. |
| |
|Description of Employees: Applies to all employees engaged pursuant to the Graphic Arts General Interim |
|Award 2000 and the Transport Industry - Mixed Enterprises (State) Award, located at the Company's site at |
|Wetherill Park. |
| |
|Nominal Term: 31 July 2003. |
|EA02/156 — FPA Health Medical Officers' Enterprise Agreement 2001 |
|Made Between: FPA Health Ltd -&- the Australian Salaried Medical Officers' Federation (New South |
|Wales). |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 11 March 2002. |
| |
|Description of Employees: Applies to all medical officers' in the employ of FPA Health. |
| |
|Nominal Term: 1 July 2003. |
|EA02/157 — Pioneer Country Batchers Enterprise Agreement 2001 |
|Made Between: Pioneer Construction Materials Pty Ltd -&- The Australian Workers' Union, New South |
|Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 May 2001. |
| |
|Description of Employees: Applies to employees of the company employed in country batch plants in New |
|South Wales. |
| |
|Nominal Term: 1 May 2003. |
|EA02/158 — Pioneer Sydney Concrete Drivers Enterprise Agreement 2001 |
|Made Between: Pioneer Construction Materials Pty Ltd -&- the Transport Workers' Union of Australia, |
|New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 1 May 2001. |
| |
|Description of Employees: Applies to all employees in the Sydney metropolitan area classified as Maxi |
|Truck Driver, Trainee Driver and Mobile Unit. |
| |
|Nominal Term: 1 May 2004. |
|EA02/159 — Pioneer Construction Materials Sydney Metropolitan Plant Operator Enterprise Agreement 2000 |
|Made Between: Pioneer Construction Materials Pty Ltd -&- The Australian Workers' Union, New South Wales. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 28 March 2002 and commenced 12 April 2000. |
|Description of Employees: Applies to all concrete plant operators employed by the company in the Sydney |
|metropolitan area. |
| |
|Nominal Term: 12 April 2003. |
|EA02/160 — Collex/T.W.U. Heads of Agreement |
|Made Between: Collex Pty Ltd -&- the Transport Workers' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 22 March 2002 and commenced 1 July 2000. |
| |
|Description of Employees: Applies to all employees engaged pursuant to the Transport Industry Trade |
|Waste (State) Award and the Transport Industry Waste Collection and Recycling (State) Award. |
| |
|Nominal Term: 1 December 2002. |
|EA02/161 — NSW Federation of Housing Associations Inc Enterprise Agreement 2002 |
|Made Between: NSW Federation of Housing Associations Inc -&- the Australian Services Union of N.S.W. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved and commenced 4 April 2002. |
| |
|Description of Employees: Applies to all the employees of the NSW Federation of Housing Associations Inc. |
| |
|Nominal Term: 4 October 2003. |
|EA02/162 — Greater Building Society Ltd Enterprise Agreement 2002 |
|Made Between: Greater Building Society Ltd -&- the Federated Clerks' Union of Australia, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA98/265. |
| |
|Approval and Commencement Date: Approved 8 April 2002 and commenced 27 March 2002. |
| |
|Description of Employees: Applies to all employees of the Greater Building Society. |
| |
|Nominal Term: 27 March 2005. |
|EA02/163 — Ningana Enterprise Inc (Supported Employees) Workplace Agreement 2001 |
|Made Between: Ningana Enterprise Inc -&- Trent Christian, Graham Conway, Gordon Craig, Janine Evans, |
|Robert Forestal, James Futter, John Graham, Andrew Hoare, Margaret Isles, Margaret Macmillan, Robert |
|McIntosh, Jason Nancarrow, Brian Oakroot, Anthony Pandolfo, Luigi Pandolfo, Maree Pandolfo, Cecilia |
|West, Kelvin Williams, Peter Wren and Kathryn Zanotto. |
| |
|New/Variation: New. |
|Approval and Commencement Date: Approved and commenced 14 March 2002. |
| |
|Description of Employees: Applies to employees of Ningana Enterprise Inc. |
| |
|Nominal Term: 14 March 2004. |
|EA02/164 — Mudgee Regional Abattoir Small Stock Slaughterfloor Agreement 2002 |
|Made Between: Mudgee Regional Abattoir -&- The Australasian Meat Industry Employees' Union, New. |
|South Wales Branch |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 22 April 2002 and commenced 15 February 2002. |
| |
|Description of Employees: Applies to all employees engaged in the Small Stock Slaughter Floor at the. |
|company's processing plant, located at Mudgee |
| |
|Nominal Term: 15 February 2003. |
|EA02/165 — Mudgee Regional Abattoir Small Stock Slaughterfloor Agreement 2002 |
|Made Between: Mudgee Regional Abattoir -&- The Australasian Meat Industry Employees' Union, New |
|South Wales Branch. |
| |
|New/Variation: New. |
| |
|Approval and Commencement Date: Approved 22 April 2002 and commenced 7 January 2002. |
| |
|Description of Employees: Applies to all employees of the Beef Slaughter Floor at the company's processing |
|plant, located at Mudgee. |
| |
|Nominal Term: 7 January 2003. |
|EA02/166 — Serco Australia (Q Stores NSW) Enterprise Agreement 2001 |
|Made Between: Serco (Q Stores NSW) -&- the National Union of Workers, New South Wales Branch. |
| |
|New/Variation: New. Replaces EA99/300. |
| |
|Approval and Commencement Date: Approved 18 December 2001 and commenced 1 July 2001. |
| |
|Description of Employees: Applies to all warehouse employees and order entry staff at the company's |
|operation at Alexandria NSW. |
| |
|Nominal Term: 30 June 2003. |
____________________
Printed by the authority of the Industrial Registrar.
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related download
- chapter 1 administration florida building
- anarchy cookbook version 2000
- livestock farm monitor project home agriculture victoria
- technical doc cbd
- city of nedlands
- basic template bmf
- spec table of contents design construction
- maine state legislature
- university sector retention and disposal schedule qdan601
- chapter 1 administration
Related searches
- what was the dow before the coronavirus
- working conditions during the industrial revolution
- industrial welfare commission ca
- industrial wage commission california
- economic impact of the industrial revolution
- economy during the industrial revolution
- impact of the industrial revolution
- agriculture during the industrial revolution
- causes and effects of the industrial revolution
- consequences of the industrial revolution
- industrial welfare commission wage
- social changes in the industrial revolution